Patna High Court
Ram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4), 3(5)
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
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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
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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/-
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