Patna High Court
Sangam Kumari @ BijulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to all three petitioners.
Summary
The petitioners—Sangam Kumari, Mohan Kumar and Rajan Kumar—were arrested in connection with a theft case (PS Case No.340 of 2025) under sections 303(2), 112, 317(2) and 317(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR stemmed from a missing gold chain reported after a Chhath Puja at Surya Mandir. The petitioners contended that they were falsely implicated, that the trial court relied on a confessional statement made to police despite no recovery of the stolen article, and that their antecedents were the only basis for the accusation. They had been in custody since November 2025 and sought regular bail, assuring cooperation with the investigation. After hearing both sides and noting that a charge‑sheet had been filed, the High Court granted regular bail to each petitioner on a bond of Rs.10,000 with two sureties, directing compliance with the Chief Judicial Magistrate’s conditions.
Issues considered
- Whether the petitioners are entitled to regular bail under the Bhartiya Nyaya Sanhita, 2023 in view of the charges and the material placed before the trial court.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 112, 303(2), 317(2), 317(5)
Subjects
- regular bail
- criminal procedure
- false implication
- confessional statement
- Bhartiya Nyaya Sanhita
- theft
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8194 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
1. Sangam Kumari @ Bijul D/o- Chhanga Nut R/v- Daulatabad PS-
Mohammabad District- Ghajipur UP
2. Mohan Kumar S/o- Raja Ram R/v- Jahurabad, Chakjanav PS- Bareshar
District- Ghajipur
3. Rajan Kumar @ Rjan Kumar @ Rajjan Kumar @ Rjjan S/o- Binod Ram
R/v- Daulatabad Ps- Mohammabad District- Ghajipur U.P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Sasaram (M) P.S. Case
no.340 of 2025 registered under section 303(2) of the Bhartiya
Nyaya Sanhita, 2023 to which sections 112, 317(2) and 317(5)
of the Bhartiya Nyaya Sanhita, 2023 were added subsequently.
3. As per the prosecution case, the informant states
that she had gone to the Surya Mandir on the occasion of
Chhath Puja. On returning, she discovered that her gold chain
was missing.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.8194 of 2026(2) dt.17-02-2026
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FIR was registered against unknown. Referring to the order of
the learned trial Court wherein the material that has transpired in
course of investigation has been dealt with, it is submitted that
the petitioners have been falsely implicated in the case alleging
them to be members of a gang involved in interstate commission
of theft etc right from Ghajipur, U.P. to Sasaram. It is submitted
that the learned trial Court has placed reliance on the
confessional statement of the petitioner made before police
though no incriminating article has been recovered from the
petitioners’ possession. The petitioners have been falsely
implicated in the case because of their antecedent. They are in
custody since 1.11.2025 and 4.11.2025 respectively and
undertake to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as dealt with in the
order of the learned trial Court, the petitioners being in custody
since 1.11.2025 and 4.11.2025 respectively and charge-sheet
having been submitted in the case, all the three petitioners are
directed to be enlarged on bail in connection with Sasaram (M)
Patna High Court CR. MISC. No.8194 of 2026(2) dt.17-02-2026
3/3
P.S. Case no.340 of 2025 on each of them furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Rohtas at Sasaram.
(Partha Sarthy, J)
Shiv/-
U T
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