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Patna High Court

SUDEEP KUMAR @ SANDEEP KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sudeep Kumar, was arrested in connection with a theft of gold jewellery and utensils alleged under Section 303(2) of the B.N.S. He claimed innocence, arguing that the recovery of items from his house was false, that no thorough investigation was conducted, and that he has a clean antecedent. The State opposed bail. The High Court, after considering the facts, directed that the petitioner be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions regarding presence in court, verification of antecedents, and cancellation on non‑compliance. The court emphasized that any observations in the order would not affect the trial. The application for bail was allowed.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 303(2) of the B.N.S. considering the alleged theft and the circumstances of arrest.

Legislation cited

Subjects

  • bail
  • theft
  • Section 303(2)
  • B.N.S.
  • criminal procedure
  • personal liberty
  • verification of antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85869 of 2025
                  Arising Out of PS. Case No.-145 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
                 SUDEEP KUMAR @ SANDEEP KUMAR Son of Ramvali Kewat R/O
                 Village - Dharmuchak, P.S.- Neemchak Bathani, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Raj Kishor Prasad, Adv.
                 For the Opposite Party/s :     Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   09-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Neemchak Bathani P.S. Case No. 145 of 2025 dated 21.06.2025

                   (G.R. 4147/25) registered for the offences punishable under

                   Section 303(2) of the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that the petitioner had stolen a gold chain and gold

                   earrings worth Rs. 1,11,000/- and certain utensils kept for the

                   marriage of the daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. It has next been submitted that the petitioner and the

                   informant are the co-villagers and on account of some personal
Patna High Court CR. MISC. No.85869 of 2025(2) dt.09-01-2026
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          dispute, he has falsely been implicated in the present case.

          Learned counsel has further submitted that the petitioner was

          not apprehended at the place of occurrence even the recovery

          has been shown from the house of the petitioner is false and it is

          common household items. It has next been submitted that no

          T.I.P. has been conducted in order to ascertain of the veracity of

          the articles recovered from the house of the petitioner is same

          that of the informant. Learned counsel has further been

          submitted that the charge-sheet has been submitted against the

          petitioner and cognizance of the offence has already been taken

          against him. It has lastly been submitted that the petitioner has

          clean antecedent and he is in custody since 22.06.2025.

                       5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioner.

                       6. Considering the facts and circumstances of the

          case, the petitioner is directed to be released on bail on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Court concerned, Gayajee, Gaya in connection with

          Neemchak Bathani P.S. Case No. 145 of 2025, subject to the

          following terms and conditions :-

                       (i) One of the bailors shall be a close relative of the
           Patna High Court CR. MISC. No.85869 of 2025(2) dt.09-01-2026
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                     petitioner.

                                   (ii) The petitioner shall remain physically present

                     before the concerned Court on each and every date of the trial

                     and shall cooperate in the investigation.

                                   (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bond of the petitioner

                     will be liable to be cancelled by the Court concerned.

                                   (iv) The trial court shall verify the criminal antecedent

                     of the petitioner and in case, at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                   7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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