Patna High Court
Mohit Pandey @ Mohit Kumar @ RahulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted as the allegations are purely speculative and no material evidence has been produced.
Summary
The petitioners, Mohit Pandey and Pandu Pandav, feared arrest in a case registered under Sections 331(4) and 305 of the Bhartiya Nyaya Sanhita for alleged theft from an informant's house. The informant alleged involvement of the petitioners but did not disclose any source of information, nor was any stolen article recovered from the petitioners' premises. The petitioners asserted that only suspicion existed against them and that they have a clean antecedent. The State opposed the bail petition. Considering the lack of material evidence, the speculative nature of the allegation, and the petitioners' clean record, the Court ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail can be granted when the accusation is based solely on suspicion without any disclosed source of information or recovered stolen property
- Whether the conditions prescribed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are applicable to the bail order
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 305, 331(4)
Subjects
- bail
- suspicion
- theft
- Section 331(4) Bhartiya Nyaya Sanhita
- Section 305 Bhartiya Nyaya Sanhita
- Section 482 Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83937 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- Sajore District- Bhagalpur
======================================================
1. Mohit Pandey @ Mohit Kumar @ Rahul S/o Basudev Pandey @ Vasudev
Pandey R/o Village - Ravichak, P.S - Sajour, District - Bhagalpur
2. Pandu @ Pandav Kumar S/o Basudev Pandey @ Vasudev Pandey R/o
Village - Ravichak, P.S - Sajour, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indeshwari Prasad Mandal
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 331(4) / 305 of the
Bhartiya Nyaya Sanhita.
3. The informant suspects that all the F.I.R. named
accused persons including these petitioners committed theft in
his (informant’s) house.
4. Learned counsel for the petitioners submits that
only suspicion has been raised against petitioners and others.
The informant has not disclosed the source of information as to
how he came to know about involvement of petitioners in the
alleged occurrence. No stolen article has been recovered from
the house of petitioners. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.83937 of 2025(2) dt.06-01-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bhagalpur in
connection with Sajour P.S. Case No. 149 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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