Patna High Court

Sangam Kumari @ BijulversusThe State of Bihar

Decided: 12 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.

Summary

The petitioners, Sangam Kumari, Mohan Kumar and Rajan Kumar, applied for regular bail in a theft case under sections 303(2), 112, 317(2) and 317(5) of the Bhartiya Nyay Sanhita, 2023, alleging that they are innocent and that only a confessional statement exists against them with no material recovered. They have been in judicial custody since November 2025. The State opposed bail, highlighting prior criminal antecedents of the petitioners. The Court examined the lack of physical evidence, the absence of a TIP, and the petitioners' custody duration, and concluded that bail was appropriate. Consequently, the Court ordered their release on bail upon furnishing a bond of Rs.10,000 each with two sureties.

Issues considered

Whether regular bail can be granted in a case punishable under sections 303(2), 112, 317(2) and 317(5) of the Bhartiya Nyay Sanhita, 2023 despite the petitioners' criminal antecedents.
Whether the confessional statement alone, without recovery of the stolen property, suffices to deny bail.

Legislation cited

Bhartiya Nyay Sanhita, 2023 — s. 112, 303(2), 317(2), 317(5)

Subjects

regular bail
theft
confessional statement
criminal antecedent
Bhartiya Nyay Sanhita
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8351 of 2026
                  Arising Out of PS. Case No.-339 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
           1.     Sangam Kumari @ Bijul D/o- Chhanga Nut R/v- Daulatabad Ps-
                  Mohammabad Dist-Ghajipur UP
           2.    Mohan Kumar S/o- Raja Ram R/v- Jahurabad, Chakjanav Ps- Bareshar Dist-
                 Ghajipur
           3.     Rajan Kumar @ Rjan Kumar @ Rjjan Kumar @ Rjjan S/o- Binod Ram R/v-
                  Daulatabad Ps-Mohammabad Dist-Ghajipur UP
                                                                       ... ... 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 ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a case

                   registered for the offence punishable under sections 303(2) of the

                   Bhartiya Nyay Sanhita, 2023. Later on, Sections 112, 317(2) and

                   317(5) of BNS were added.

                                3. The case of the prosecution is that some unknown

                   miscreants have snatched golden chain with locket worth of Rs.

                   1.5 lacs.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence. Learned

                   counsel has submitted that the petitioners were remanded in this

                   case from Sasaram Mufassil P.S. Case No. 338 of 2025 and
            Patna High Court CR. MISC. No.8351 of 2026(2) dt.12-02-2026
                                                        2/2




                      thereafter, they have given their confessional statement. Nothing

                      has been recovered from their possession. Save and except

                      confessional statement, there is nothing against them. No TIP was

                      conducted in this case. Moreover, the petitioner no. 1 is

                      languishing in judicial custody since 01.11.2025 and petitioner

                      nos. 2 and 3 are languishing in judicial custody since 04.11.2025.

                                   5. Learned APP appearing for the state has opposed the

                      prayer of regular bail and has submitted that petitioner nos. 1 and

                      2 are having one criminal antecedent and petitioner no. 3 is

                      having three criminal antecedent.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Sasaram (M) P.S. Case No. 339 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Rohtas at Sasaram.



                                             (Ashok Kumar Pandey, J)
Shubham/-
U     T

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