Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to a bond, sureties and conditions prescribed under Section 480(3) of the Bihar Negotiable Instruments (Special) Act.
Summary
Petitioners Kundan Kumar and Deepak Kumar were arrested in connection with a theft alleged under Sections 334(1) and 303(2) of the Bihar Negotiable Instruments Act, with a charge sheet filed after they had been in custody since 26‑06‑2025. The petitioners claimed they were falsely implicated and that no incriminating material had been recovered from them, while the State opposed bail. The court considered the length of custody, the filing of the charge sheet, and the petitioners’ lack of prior criminal record. It ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 480(3) of the Bihar Negotiable Instruments (Special) Act and additional personal surety and attendance requirements. The bail order was pronounced by Justice Arun Kumar Jha.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to the accused under Sections 334(1) and 303(2) of the Bihar Negotiable Instruments Act?
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 334(1)
Subjects
- bail
- theft
- criminal procedure
- Section 334
- Section 303
- Section 480
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8979 of 2026
Arising Out of PS. Case No.-203 Year-2024 Thana- MAHKAR District- Gaya
======================================================
1. Kundan Kumar S/O Binod Ravidas @ Vinod Ravidas R/O Village- Satamas,
P.S- Mahakar, Distt.- Gaya Ji.
2. Deepak Kumar S/O Manohar Manjhi R/O Village- Keori, P.S- Mahkar,
Distt.- Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Mahkar P.S. Case No. 203 of 2024 registered
for the alleged offences under Sections 334(1) and 303(2) of
B.N.S.
03. As per prosecution case, a theft was committed in
the shop of the informant and thieves took away T.V., Camera,
Wi-Fi and cash of Rs.8,000/-.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. Nothing incriminating has been recovered from the
Patna High Court CR. MISC. No.8979 of 2026(2) dt.17-02-2026
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person or possession of the petitioners. The petitioners were
apprehended in one case and thereafter, they are made accused
in a number of cases including present one for theft being
committed within the area of Mahkar police station. The
petitioners are in custody since 26.06.2025 and charge sheet has
been submitted. Learned counsel further submits that though the
petitioners have earlier no criminal antecedent but subsequently
12 cases have been foisted upon the petitioners and in some of
the cases the petitioners are on bail.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioners and submission of charge
sheet, the petitioners above named are directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Additional Chief Judicial Magistrate-IV,
Gaya Ji/concerned Court in connection with Mahkar P.S.
Case No. 203 of 2024, subject to the conditions mentioned
in Section 480(3) of B.N.S.S. and also the following
conditions:
Patna High Court CR. MISC. No.8979 of 2026(2) dt.17-02-2026
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(i) One of the bailors will be a close relative
of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioners will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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