Patna High Court
SUDEEP KUMAR @ SANDEEP KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 303(2)
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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