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Patna High Court

Anshu Kumar @ Aasu KapoorversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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.
Patna High Court CR. MISC. No.85981 of 2025(2) dt.09-01-2026
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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
           Patna High Court CR. MISC. No.85981 of 2025(2) dt.09-01-2026
                                                       3/3




                     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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