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Patna High Court

Milky Kumar @ Mikki Kumar @ Himanshu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Milky Kumar was arrested for theft of jewellery valued at approximately Rs.10 lakh and charged under sections 305 and 331(4) of the Indian Penal Code. He pleaded innocence, asserting that the gold chain and rings recovered from him were purchased by him on 04.06.2025, as evidenced by a purchase invoice, and that no test identification parade of the items was conducted. The State opposed bail, citing his confession and ten prior criminal antecedents. The court considered the absence of a TIP, the purchase invoice, and the petitioner’s prolonged pre‑trial detention since 03.07.2025. Finding the circumstances sufficient to justify release, the court ordered regular bail on a bond of Rs.10,000 with two sureties and imposed attendance and cooperation conditions.

Issues considered

  • Whether regular bail should be granted to the petitioner charged under IPC sections 305 and 331(4).
  • Whether the recovered jewellery can be conclusively linked to the offence in the absence of a TIP.
  • Impact of the petitioner’s prior criminal antecedents on the bail decision.

Legislation cited

Subjects

  • regular bail
  • IPC 305
  • IPC 331(4)
  • theft
  • purchase invoice
  • test identification parade
  • criminal antecedents
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83594 of 2025
                       Arising Out of PS. Case No.-228 Year-2025 Thana- MOKAMAH District- Patna
                 ======================================================
                 Milky Kumar @ Mikki Kumar @ Himanshu Kumar Sujit Kumar @ Sujit
                 Singh R/o Village - Sakarwar Tola, Ward No. 15, Mokama, P.S. - Mokama,
                 Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   28-01-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 305 and

                   331 (4) of the Indian Penal Code.

                                3.       The case of the prosecution is that some

                   miscreants committed theft in the house of the informant, during

                   which a golden chain having weighing 40 grams, two lockets

                   weighing 20 grams, one Jitya weighing 5 grams, two rings

                   weighing 10 grams and two lockets of Bajrangbali. Altogether,

                   articles worth approximately Rs. 10 lakhs were stolen. The FIR

                   was lodged against unknown miscreants.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.83594 of 2025(3) dt.28-01-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that the

          petitioner was apprehended and has confessed his guilt and that

          from his possession, one golden chain and two rings were

          recovered. It is further submitted that the petitioner has

          produced the purchase invoice and stated that the recovered

          articles belongs to him, as he had purchased the same from

          Verma Jewellers, Mokama on 04.06.2025. It is also submitted

          that during the entire course of investigation, no Test

          Identification Parade (TIP) of the recovered articles were

          recovered. Although, it is admitted that golden articles were

          recovered from the possession of this petitioner, in the absence

          of any TIP and in view of the defence taken by the petitioner

          supported by a purchase bill, it becomes difficult to conclusively

          ascertain whether the recovered articles are the subject matter

          of this case. Moreover, the petitioner is languishing in judicial

          custody since 03.07.2025.

                       5.     Learned APP appearing for the state has

          vehemently opposed the prayer of regular bail stating that the

          petitioner has 10 criminal antecedents.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on
            Patna High Court CR. MISC. No.83594 of 2025(3) dt.28-01-2026
                                                        3/3




                      bail. The above named petitioner is directed to be released on

                      bail in connection with Mokama P.S. Case No. 228 of 2025 on

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

                      sureties of the like amount each to the satisfaction of learned

                      ACJM-III, Barh, Patna, subject to the condition that the

                      petitioner will mark his attendance weekly at Mokama police

                      station, shall co-operate in the trial and shall remain physically

                      present during the trial till the conclusion of the trial.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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