Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that, in view of the lack of eye‑witness, the unexplained delay in filing the FIR, and the non‑recovery of the alleged stolen property, bail should be granted under section 482(2) of the BNS.
Summary
The petitioner, Kanhaiya Kumar, sought bail in a case registered under sections 303(2) and 334(1) of the Bharatiya Nagarik Suraksha Sanhita (BNS) for alleged theft of about 80 kg of pulses from an informant's mill. The prosecution alleged the theft but the informant was not an eye‑witness and the FIR was lodged after a 15‑day delay without any satisfactory explanation. No stolen articles were recovered from the petitioner’s possession. The State opposed the bail petition. Considering the lack of direct evidence, the unexplained delay in filing the FIR, and the absence of recovered property, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of section 482(2) of the BNS.
Issues considered
- Whether bail should be granted in a case under sections 303(2) and 334(1) of the BNS given the factual circumstances.
- Whether the delay of 15 days in lodging the FIR and the absence of an eye‑witness undermine the prosecution’s case and justify bail.
- Whether the conditions prescribed under section 482(2) of the BNS are satisfied for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 303(2), 334(1), 482(2)
Subjects
- bail
- theft
- delay in FIR
- suspicion
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85116 of 2025
Arising Out of PS. Case No.-98 Year-2025 Thana- ALIPUR District- Gaya
======================================================
Kanhaiya Kumar Son of Binod Sharma @ Vinod Kumar Resident of Village -
Garaur Kespa, Police Station - Alipur, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
For informant : Mr. Praveen Kumar , Advocate
Mr. Raju Kumar singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 303 ( 2 ) and 334 (1)
of BNS.
3 . The prosecution case in brief, is that informant
suspects that this petitioner committed theft of about 80 kg
pulses from the mill of the informant.
4. It is submitted on behalf of the petitioners that
informant is not an eye witness to the alleged occurrence and
only suspicion has been raised against this petitioner. F.I.R. has
been lodged after inordinate delay of 15 days for which there is
no plausible explanation which itself creates doubt over the
Patna High Court CR. MISC. No.85116 of 2025(2) dt.06-01-2026
2/2
entire prosecution case . No stolen articles has been recovered
from possession of this petitioner.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate – VI Gayajee in connection with Alipur P.S. Case
No. 98 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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