Patna High Court
Anshu Kumar @ Aasu KapoorversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioners subject to specified conditions.
Summary
The petitioners, four residents of Jakhaur village, were arrested in connection with a theft case (PS Sheikhpura Case No. 306 of 2025) alleging theft of cash and jewellery worth Rs. 1,50,000. The prosecution alleged that the accused stole the items, while the petitioners contended they were falsely implicated and no incriminating articles were recovered from them. The petitioners argued that two of them had no prior criminal record and the other two were already on bail in another case, seeking release on bail. The State opposed the bail, emphasizing the seriousness of the offences under Sections 331(4), 305 and 3(5) of the B.N.S. The Court, after considering the circumstances, granted bail on the condition of a Rs.10,000 bond per petitioner with two sureties, requiring a close relative as a bailor, physical presence at trial, and compliance with verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in a theft case under Sections 331(4), 305 and 3(5) of the B.N.S. given the nature of the offences and the petitioners' criminal antecedents.
Legislation cited
- B.N.S. — s. 305, 331(4), 3(5)
Subjects
- bail
- criminal procedure
- theft
- sections 331(4)
- section 305
- section 3(5)
- suspicion
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85981 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
1. Anshu Kumar @ Aasu Kapoor Son of Chhote Lal @ Chhote Lal Kapoor
Resident Of Village- Jakhaur, Ps- Ariyari, Dist- Sheikhpura
2. Dulla Lal @ Sunny Kapoor @ Ladla @ Dulaj Lal Son of Ranjeet Lal @
Ranjeet Kumar @ Ranjit Kapoor Resident Of Village- Jakhaur, Ps- Ariyari,
Dist- Sheikhpura
3. Satish Paswan @ Satish Kumar son of Naro Paswan @ Naresh paswan
Resident Of Village- Jakhaur, Ps- Ariyari, Dist- Sheikhpura
4. Dilip Kapoor Son of Suresh Lal Resident Of Village- Jakhaur, Ps- Ariyari,
Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinkar Kumar, Adv.
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners seek bail in connection with
Sheikhpura P.S. Case No. 306 of 2025 dated 13.10.2025
registered for the offences punishable under Sections 331(4),
305 and 3(5) of the B.N.S.
3. As per the prosecution case, total Rs. 50,000/-
cash, mobile phone, gold necklace, earrings, silver anklet and
bracelet worth Rs. 1,00,000/- were stolen from the house of the
informant.
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4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case and no such recovery of incriminating article has been
recovered from the conscious possession of the petitioners. It
has next been submitted that the petitioners have been
implicated in this case merely on suspicion. It has lastly been
submitted that the petitioner nos. 3 and 4 have no criminal
antecedents whereas the petitioner nos. 1 and 2 have one
criminal antecedent each and they are on bail in the aforesaid
case and the petitioners are in custody since 14.10.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioners.
6. Considering the facts and circumstances of the
case, the petitioners are directed to be released on bail on their
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Court concerned, Sheikhpura in connection with
Sheikhpura P.S. Case No. 306 of 2025, subject to the following
terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioners.
(ii) The petitioners shall remain physically present
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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 bonds of the
petitioners will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioners and in case at any stage, it is found that the
petitioners have concealed their criminal antecedents, the trial
court shall take step for cancellation of bail bonds of the
petitioners. However, the acceptance of bail bonds 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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