Patna High Court
Micky Kumar @ Mikki Kumar @ Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with conditions.
Summary
Micky Kumar was charged under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita for alleged theft of gold ornaments and cash from a house in Maranchi. During investigation he was arrested in a separate case (Mokama P.S. Case No. 228 of 2025) where he allegedly confessed, but the petitioner contended that the only evidence against him is the confession and that the ornaments recovered from his possession are his own, supported by a purchase receipt, and that no theft‑in‑possession (TIP) of the stolen items was conducted. The State opposed bail, highlighting ten prior criminal cases, most from Mokama. The court considered the lack of concrete evidence linking the recovered ornaments to the theft, the petitioner's custody since 4 August 2025, and the confession’s limited weight, and decided to grant regular bail with conditions of weekly attendance at Mokama Police Station and cooperation in trial, requiring a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita despite a confession in another case.
- Whether the possession of recovered ornaments constitutes sufficient evidence of theft in the absence of a theft‑in‑possession (TIP) investigation.
- Whether the petitioner's prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 305, 331(4)
Subjects
- regular bail
- theft
- confession
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 305
- Section 331(4)
- possession of stolen property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84201 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- MARANCHI District- Patna
======================================================
Micky Kumar @ Mikki Kumar @ Himanshu Kumar S/o Sujeet Kumar @
Sujeet Singh Resident of Village- Sakarwar Tola (wrongly typed in impugned
order as Shankarwar Tola), Ward No. 15, Mokama, P.S.- Mokama, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
Mr. Mukund Kumar, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-01-2026 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 Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that the
informant was informed that some miscreants have committed
theft in his house. When he entered in his house he found that
all the locks of the doors were broken and a golden chain
weighing 5 gm, two gold rings weighing 15 gm and cash
Rs.66,000/- were stolen.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.84201 of 2025(3) dt.31-01-2026
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during course of investigation the petitioner was apprehended in
Mokama P.S. Case no. 228 of 2025 wherein he has confessed
his guilt. Learned counsel for the petitioner has submitted that
save and except the confessional statement, nothing is there
against the petitioner. It has further been submitted that from the
possession of the petitioner two golden rings and one chain was
recovered. Learned counsel for the petitioner has filed a receipt
of the golden ornaments which he has purchased from Mokama.
Learned counsel for the petitioner has submitted that actually
the articles which are said to be recovered from the possession
of the petitioner are his own. No recovery of the stolen articles
have been made from the possession of this petitioner. It has
further been submitted that in this case no TIP was conducted of
the stolen articles. As such, it could not be ascertained as to
whether the articles which have been recovered from the
possession of this petitioner are the stolen one or not. Learned
counsel for the petitioner has lastly submitted that the petitioner
is in judicial custody since 04.08.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and
has submitted that the petitioner is having criminal antecedent
of ten cases and most of the cases are of Mokama P.S.
Patna High Court CR. MISC. No.84201 of 2025(3) dt.31-01-2026
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6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on bail
with the condition that the petitioner shall mark his
attendance weekly in Mokama P.S. and he shall co-operate
in the trial. The above named petitioner is directed to be
released on bail in connection with Maranchi P.S. Case No. 56
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.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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