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Patna High Court

Baiju RamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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