Patna High Court
Sumit Kumar @ Amit Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail is granted to the petitioner subject to the conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Sumit Kumar, was implicated in a theft from a Hanuman temple and charged under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged his involvement, while the petitioner claimed innocence, stating that recovered items did not belong to him and that he had no criminal antecedent. The co‑accused had already been granted bail, and the petitioner had been in custody since 15‑06‑2025 with a charge‑sheet filed. The court examined the facts, the petitioner’s clean record, the period of custody, and the lack of material linking him to the crime. It ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail was granted with conditions of court attendance and cancellation upon repeated non‑appearance.
Issues considered
- Whether bail should be granted to the accused under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the bond amount and surety conditions are sufficient under Section 480(3) of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1), 480(3)
Subjects
- bail
- theft
- temple robbery
- Bharatiya Nyaya Sanhita
- Section 480(3)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91069 of 2025
Arising Out of PS. Case No.-580 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Sumit Kumar @ Amit Kumar Mandal Son of Late Ghanshyam Prasad Mandal
@ Late Ghanshyam Mandal R/O- Durgasthan, Professor Colony, P.S.- Nagar,
Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Katihar Town P.S. Case No. 580 of 2025
registered for the alleged offences under Sections 334(1) and
303(2) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, a theft was committed in
a Hanuman Temple and the name of the petitioner transpired
during investigation as one of the thieves.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The co-accused, from whom recovery has been made of
some brass articles and utensils stolen from the temple, has been
Patna High Court CR. MISC. No.91069 of 2025(3) dt.24-02-2026
2/3
granted bail by the learned trial court. The case of the petitioner
is on much better footing. The recovery shown from the
petitioner about some coins is not the recovery of stolen articles
and the coins belong to the petitioner. Learned counsel further
submits that, otherwise, there is no material to show the
complicity of the petitioner in the whole occurrence. The
petitioner has got no criminal antecedent and is in custody since
15.06.2025. Charge-sheet has been submitted.
05. Learned APP for the State 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 petitioner and his clean antecedent
along with submission of charge-sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Katihar/court concerned in connection with Katihar
Town P.S. Case No. 580 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.91069 of 2025(3) dt.24-02-2026
3/3
the petitioner.
(ii) The petitioner 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 petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
Checking your session…