Patna High Court
Jyoti Kumari @ Lovely Kumari @ LovelyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted bail to the petitioner subject to a bond and conditions, finding the evidence insufficient to justify denial of bail.
Summary
The petitioner, Jyoti Kumari, sought bail fearing arrest in a theft case (Patliputra P.S. Case No.22 of 2025) under sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023. The FIR names her and her husband only on the basis of a co‑accused’s confessional statement, with no other material evidence. She also faces nine other pending cases, all similarly based on confessional statements and without any seized property, for which she has previously been granted bail by this Court. The State opposed bail, alleging the husband’s involvement in the theft. The Court, applying Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and the discretion under Section 482(2), ordered bail on a Rs 30,000 bond, subject to conditions that she not be absconding in the other cases and that the trial court verify compliance.
Issues considered
- Whether bail should be granted when the only evidence against the petitioner is a co‑accused’s confessional statement.
- Whether the petitioner’s involvement in nine other pending cases warrants denial of bail.
- Applicability of Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and Section 482(2) in granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a), 331(4)
Subjects
- bail
- confessional statement
- theft
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- multiple pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80872 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
Jyoti Kumari @ Lovely Kumari @ Lovely W/o Ravi Kumar R/o Mohalla-
East Nand Gola, P.S.- Malsalami, Patna City, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Patliputra P.S. Case No. 22 of 2025 lodged on 13.01.2025,
for the offences punishable under sections 331(4) and 305(a) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
against unknown accused persons alleging theft of jewellery and
other articles from the informant’s house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is
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submitted that the name of the petitioner, along with her
husband, has surfaced in the present case solely on the basis of
the confessional statement of a co-accused. Learned counsel
further submits that, save and except the said confessional
statement, there is no material against the present petitioner.
5. It is further submitted that there are nine criminal
cases pending against the petitioner, all instituted by police
officials on the basis of confessional statements without any
cogent evidence. Learned counsel submits that nothing has been
recovered from the possession of the petitioner, and in cases of
similar nature, she has been granted bail by a Co-ordinate Bench
of this Court vide orders dated 28.01.2026 passed in Criminal
Miscellaneous No. 78466 of 2025; 20.02.2026 passed in
Criminal Miscellaneous No. 92054 of 2025; 20.02.2026 passed
in Criminal Miscellaneous No. 91184 of 2025; 26.02.2026
passed in Criminal Miscellaneous No. 81342 of 2025;
26.02.2026 passed in Criminal Miscellaneous No. 78110 of
2025; and 03.12.2025 passed in Criminal Miscellaneous No.
77963 of 2025.
6. Learned A.P.P. for the State opposes the prayer for
bail and submits that it transpires from the case diary that the
husband of the petitioner is involved in the theft of the articles
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in question, and it is for this reason that the apprehended
persons have taken the name of the present petitioner.
7. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the learned ACJM-X, Patna,
in connection with the aforementioned case, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023.
8. And further condition that the Trial Court shall
accept the bail bond of the petitioner only after production of
substantial proof to show that the petitioner is not absconding in
any of the cases mentioned in paragraph no. 3 of the petition, as
detailed below :-
(I) Patliputra P.S. Case No. 572 of 2024,
(ii) Patliputra P.S. Case No. 553 of 2024
(iii) Patliputra P.S. Case No. 591 of 2024
(iv) Patliputra P.S. Case No. 570 of 2024
(v) Patliputra P.S. Case No. 587 of 2024
(vi) Patliputra P.S. Case No. 14 of 2025
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(vii) Patliputra P.S. Case No. 15 of 2025
(viii) Patliputra P.S. Case No. 18 of 2025
(ix) Patliputra P.S. Case No. 19 of 2025
(Dr. Anshuman, J)
Ashwini/-
U T
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