Patna High Court
Ashok Kumar @ Ashok Kumar SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner, subject to bond and conditions, as the prosecution failed to establish a prima facie case linking the jewellery to the theft.
Summary
Ashok Kumar Soni, a jeweller, was implicated in a theft case (PS‑409/2025) for alleged receipt of stolen jewellery, with co‑accused Munna Kumar confessing that the stolen items were found at Ashok Jewellers. The petitioner argued that the recovered jewellery could not be positively linked to the theft, that he has no prior criminal record, and that he had not previously applied for bail. The State opposed bail, contending that the allegations warranted his detention. The Court examined the lack of concrete evidence linking the jewellery to the theft and the petitioner’s clean record, and concluded that the case did not justify denial of bail. Accordingly, the bail petition was allowed, directing the petitioner to surrender within eight weeks on a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- The adequacy of evidence linking the recovered jewellery to the alleged theft.
- Whether the petitioner’s lack of prior criminal antecedents warrants grant of bail.
- Whether the petitioner’s failure to seek anticipatory or regular bail earlier affects the bail application.
Legislation cited
- B.N.S. — s. 305(a), 317(2), 331(4)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- theft
- jewellery shop
- Section 482
- presumption of innocence
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86755 of 2025
Arising Out of PS. Case No.-409 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Ashok Kumar @ Ashok Kumar Soni, S/o Late Ram Avtar Soni, R/o Village-
Main Road Rafiganj, P.S- Rafiganj, Dist- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate.
For the State : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Rafiganj P.S. Case No. 409 of 2025, dated
20.09.2025 registered for the offences punishable under
Sections 305(a), 331(4) and 317(2) B.N.S.
3. As per allegation, co-accused Munna Kumar has
committed theft in the dwelling house of the informant and in
his confessional statement he has confessed to the Police that
stolen jewellery has been sold/kept at the shop of Ashok
Jewellers and on raid at the shop of Ashok Jewellers, some
ornaments have been recovered.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.86755 of 2025(4) dt.07-04-2026
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case. She further submits that this is not certain whether the
recovered jewellery from the Ashok Jewellers/petitioner are the
same jewellery stolen by co-accused from the dwelling house of
the informant. She further submits that the petitioner runs a
jewellery shop and hence it is natural to have jewellery in his
shop and this is no case of the prosecution that the same
jewellery was stolen from the dwelling house of the informant.
The informant has not given any details of jewellery stolen by
the co-accused. Hence, it is not possible to match the recovered
jewellery with the stolen jewellery. She also submits that the
whole case is based on suspicion against the petitioner.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
Patna High Court CR. MISC. No.86755 of 2025(4) dt.07-04-2026
3/3
date of receipt / production of a copy of this order, 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 concerned court below in connection with
Rafiganj P.S. Case No. 409 of 2025, subject to the conditions as
laid down under Section 482 (2) of the B.N.S.S 2023, and on
the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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