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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is to be released on bail upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Jitendra Kumar, was arrested in connection with a theft case involving stolen mobile phones and a motorcycle, charged under Sections 303(2), 318(4), 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C) of the Information Technology Act, 2000. The prosecution alleged that stolen items were recovered from the petitioner and his co‑accused, Raushan Kumar, who later confessed and led to further recovery of money and SIM cards. The petitioner contended that the mobile phones recovered from him were his own, the motorcycle belonged to the co‑accused, no incriminating articles were found at his residence, he has no prior criminal record, and that bail had already been granted to the co‑accused. The State opposed bail. After considering the submissions and the circumstances, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • What is the applicability of bail provisions to the petitioner under the charges specified?
  • Whether the evidence recovered justifies continued detention of the petitioner?
  • Whether the prior grant of bail to the co‑accused influences the petitioner’s bail application?

Legislation cited

Subjects

  • bail
  • theft
  • mobile phones
  • motorcycle
  • Bhartiya Nyaya Sanhita
  • Information Technology Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87069 of 2025
                     Arising Out of PS. Case No.-867 Year-2025 Thana- KANKARBAG District- Patna
                 ======================================================
                 Jitendra Kumar, S/O Sri Raj Kumar Saw, Resident of Vill.- Chalis Kurwa,
                 P.S.- Barh, Dist.- Patna, At Present near L.P. Shahi College, P.S.- Ramkrishna
                 Nagar, Dist.- Patna.
                                                                               ... ... Petitioner/s

                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Kumar Manglam, Advocate
                 For the Opposite Party/s :         Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Kankarbagh P.S. Case No. 867 of 2025 dated 14.09.2025

                   instituted for the offence punishable under Sections 303(2),

                   318(4), 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and

                   Section 66(C) of the Information Technology Act, 2000.

                                3. As per the prosecution case, the informant arrested

                   two accused persons including the petitioner and on search, two

                   allegedly stolen mobile phones were recovered from the

                   possession of co-accused Raushan Kumar. Further, two stolen

                   mobile      phones         and   one    Splendor      Motorcycle      bearing

                   Registration No. BR01HJ7691 were recovered from the
Patna High Court CR. MISC. No.87069 of 2025(3) dt.11-02-2026
                                            2/3




          possession the petitioner. Thereafter, on confession of Raushan

          Kumar, Rs. 1,80,000/- and 38 SIM cards and other incriminating

          articles were recovered from his rented house.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner further submits that only

          only motorcycle and two mobile phones have been recovered

          from the possession of the petitioner. The mobile phones belong

          to the petitioner and the motorcycle belong to co-accused

          Raushan Kumar. No incriminating articles were recovered either

          from the possession of the petitioner or from his house. It is

          further submitted that Raushan Kumar has been granted bail

          vide order dated 29.01.2026 passed by a co-ordinate Bench of

          this Court in Criminal Miscellaneous No. 91036 of 2025. Lastly,

          it has been submitted that the petitioner is in custody since

          15.09.2025 having no criminal antecedents. Charge-sheet has

          been submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of
           Patna High Court CR. MISC. No.87069 of 2025(3) dt.11-02-2026
                                                       3/3




                     Rs. 10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Additional Chief Judicial

                     Magistrate-XI, Patna in connection with Kankarbagh P.S. Case

                     No. 867 of 2025.


                                                                  (Khatim Reza, J)

premchand/-

U      T


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