Patna High Court
Milky Kumar @ Mikki Kumar @ Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 305, 331(4)
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
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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
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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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