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Patna High Court

Ram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Ram Kumar, who has been in custody since 4 September 2025, applied for bail in a theft case (Shivajinagar P.S. Case No. 59 of 2025) involving offences under Sections 331(4), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a theft occurred on 30 August 2025, resulting in loss of a motorcycle, jewellery, cash and other articles, and that a bicycle was recovered from the petitioner's house. The petitioner contended that he was falsely implicated, that co‑accused Ritik Kumar had confessed to the theft and the stolen items were recovered, and that he has a clean antecedent. The State opposed bail. The Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding surety relationship, court attendance, and possible cancellation for future offences or concealment of antecedents. The order clarified that any observations made therein would not affect the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the confession of a co‑accused and recovery of stolen items from the petitioner’s house negate the necessity for continued detention.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.

Legislation cited

Subjects

  • bail
  • theft
  • Bharatiya Nyaya Sanhita
  • false implication
  • co‑accused confession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82621 of 2025
                  Arising Out of PS. Case No.-59 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
                 ======================================================
                 Ram Kumar Son of Ramsvrth Mandal @ Ramswrath Mandal Resident of
                 village- Dumramohan, P.S.-Shivajinagar, District-Samastipur.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gaurav Kumar, Advocate
                 For the Opposite Party/s :      Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   06-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Shivajinagar P.S. Case No. 59 of 2025

                   registered for the offences punishable under Sections 331(4),

                   305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant has

                   alleged that he is a resident of Delhi and he was informed that

                   on 30.08.2025 there was a theft committed in his house and a

                   motorcycle, jewelry, cash of Rs.40,000/- and other articles were

                   stolen.

                                4. The learned counsel for the petitioner submits that

                   the petitioner has been falsely implicated in this case and there

                   is no material on record to connect the petitioner with the
Patna High Court CR. MISC. No.82621 of 2025(2) dt.06-01-2026
                                            2/3




          aforesaid incident. It has been submitted that co-accused Ritik

          Kumar admitted that he had committed the theft and on his

          confession even the recovery of the stolen articles were made. It

          has been lastly submitted that the petitioner has clean antecedent

          and he is in custody since 04.09.2025. Learned counsel for the

          petitioner further submits that one bicycle is said to have been

          recovered from the house of the petitioner. It is next submitted

          that co-accused namely Raushan Kumar has already been

          enlarged on bail vide order dated 05.01.2026 passed in Cr. Misc.

          No. 83747 of 2025 by this Court.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       6. Considering the aforesaid submissions made by the

          parties, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Additional Chief Judicial Magistrate 1st, Rosera at Samastipur

          court in connection Shivajinagar P.S. Case No. 59 of 2025,

          subject to the following conditions:-

                                       (i) One of the bailors of the petitioner
                          shall be his close relative and the other shall be
                          local resident.
                                       (ii) The petitioner shall remain physically
            Patna High Court CR. MISC. No.82621 of 2025(2) dt.06-01-2026
                                                           3/3




                                      present in Court on each date of the trial.
                                                   (iii)     In   case     of   absence   on   two
                                      consecutive dates or in violation of the terms of the
                                      bail, the bail bond of the petitioner will be liable to
                                      be cancelled by the court concerned.
                                                   (iv) If the petitioner is found involved in
                                      similar nature of offence in future, the prosecution
                                      shall be at liberty to move for cancellation of his
                                      bail bond.
                                                   (v) The learned Court below shall verify
                                      the criminal antecedent of the petitioner and in case
                                      at any stage it is found that the petitioner has
                                      concealed his criminal antecedent, the court below
                                      shall take step for cancellation of bail bond of the
                                      petitioner. However, the acceptance of bail bonds in
                                      terms of the above-mentioned order shall not be
                                      delayed for purpose of or in the name of
                                      verification.

                                   7. Accordingly, the prayer for bail is allowed.

                                   8. It is made clear that the observation, if any, made in

                      this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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