Patna High Court
Baiju RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner, Baiju Ram, is entitled to bail in the present case.
Summary
The petitioner, Baiju Ram, was arrested in connection with a theft case (Sections 331(4) and 305 of the B.N.S.) after a co‑accused, Chotu Kumar, gave a confessional statement implicating him. The petitioner contended that he is innocent, that the FIR was lodged against unknown miscreants, and that no material was recovered from him. He has been in judicial custody since 20‑08‑2025, while other co‑accused have already been released on bail. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court noted the lack of direct evidence, the fact that co‑accused were granted bail, and that prior cases did not warrant denial of liberty. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations and his prior criminal antecedents?
Legislation cited
- B.N.S. — s. 305, 331(4)
Subjects
- bail
- criminal procedure
- Section 331(4)
- Section 305
- false implication
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79097 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- Chitragupta Nagar District- Patna
======================================================
Baiju Ram, S/O Munna Ram, R/O Vill.- Railway Hunter Road Khad Pr, P.S.-
Kadamkuaw, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kameshwar Singh, Advocate
Ms. Lalsa, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chitragupta Nagar P.S. Case No. 03 of 2025 registered for
the offence punishable under Sections 331(4) and 305 of B.N.S.
3. The case of the prosecution, in short, is that some
unknown miscreants have committed theft at the house of the
informant and jewellerry and valuables were stolen.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants.
During course of investigation, one co-accused Chotu Kumar
has given his confessional statement and in his confessional
Patna High Court CR. MISC. No.79097 of 2025(3) dt.23-02-2026
2/2
statement, name of this petitioner has surfaced. Nothing has
been recovered from his possession. He is languishing in
judicial custody since 20.08.2025. It has has also been
submitted that co-accused Chotu Kumar has been granted bail
by learned Co-ordinate Bench of this Court vide Cr. Misc. No.
63372 of 2025 and other co-accused persons have also been
granted bail by learned Co-ordinate Bench vide Cr. Misc. No.
62411 of 2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
J.M.F.C., Patna in connection with Chitragupta Nagar P.S. Case
No. 03 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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