Patna High Court
Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The petitioner is entitled to bail.
Summary
The petitioner, Shankar Prasad, applied for regular bail in a case registered under Sections 331(4) and 305 of the B.N.S. for allegedly receiving stolen jewellery. The main accusation of theft pertained to his son, whose sale of the jewellery was captured on CCTV, while the petitioner was only alleged to have received the items. The petitioner had been in custody since 1 September 2025 and the investigation against him was completed. The State opposed the bail, but the court noted that the primary charge was against the son and the petitioner’s role was limited to receipt of the jewellery. Consequently, the court granted bail on a bond of Rs 20,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail for the offences under Sections 331(4) and 305 of the B.N.S. given that the principal theft allegation is against his son and the investigation against him is complete.
Legislation cited
- B.N.S. — s. 305, 331(4)
Subjects
- regular bail
- theft
- stolen jewellery
- section 331(4)
- section 305
- B.N.S.
- criminal procedure
- CCTV evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87508 of 2025
Arising Out of PS. Case No.-806 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Shankar Prasad, Son of Mangru Sah, Resident of Village- Ward No. 9, Bisati
Patii, Motihari, P.S.- Motihari Town and District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Patel, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 1. Heard Mr. Ranjeet Patel, learned counsel for the
petitioner and Mr. Narsingh Tanti, learned APP for the State.
2. The petitioner seeks regular bail in connection with
Motihari Town P. S. Case No. 806 of 2025, dated 20.08.2025
registered for the offences punishable under Sections 331(4) and
305 of the B.N.S.
3. The main submissions advanced by the petitioner's
counsel are that against this petitioner there is simple allegation
of having received the stolen jewellery whereas the main
allegation is against the petitioner's son whose activity is stated
to have been recorded on CCTV camera, showing him selling
the recovered jewellery at the shop of the petitioner. It is further
submitted that the petitioner has been languishing in jail since
Patna High Court CR. MISC. No.87508 of 2025(2) dt.12-01-2026
2/2
01.09.2025 and against him the investigation has been
completed.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. Considering the aforesaid submissions, mainly
taking into account the fact that the main allegation of
committing theft is against the petitioner's son and he has only
been alleged to have received the stolen jewellery coupled with
the completion of investigation against him as well as his
custody period, this court is inclined to release him on bail.
Accordingly, let the petitioner named-above be enlarged on bail
in connection with Motihari Town P. S. Case No. 806 of 2025
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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