Patna High Court
DEEPAK KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioners subject to conditions.
Summary
The petitioners Deepak Kumar and Kundan Kumar were arrested in connection with a theft of Rs 6,000 and sweets, alleged under Sections 334(1) and 303(2) of the Bhartiya Nyaya Sanhita, 2023. They contended that they were falsely implicated, that no material linked them to the offence, and that they had been in custody since 26 June 2025. The petition also noted that they were accused in eleven other cases but had not previously applied for bail. The State opposed the bail on the ground of the seriousness of the offences and the petitioners’ criminal history. The Court, after considering the lack of connecting evidence and the petitioners’ willingness to cooperate, granted bail on a bond of Rs 10,000 each with two sureties, subject to several conditions including cooperation with investigation and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the accused under Sections 334(1) and 303(2) of the Bhartiya Nyaya Sanhita, 2023 given the alleged theft and their prior criminal antecedents
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)
Subjects
- bail
- criminal procedure
- theft
- Bhartiya Nyaya Sanhita
- Section 334
- Section 303
- prior criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91793 of 2025
Arising Out of PS. Case No.-205 Year-2024 Thana- MAHKAR District- Gaya
======================================================
1. Deepak Kumar, S/o Manohar Manjhi, R/o Village- Keori, PS- Mahkar,
District- Gaya ji.
2. Kundan Kumar, S/o Binod Ravidas @ Vinod Ravidas, R/o vill - Satamas,
P.S.- Mahkar, Dist.- Gayaji.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Shailesh Kumar, Advocate
For the State : Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The Petitioners seek bail in connection with
Mahkar P.S. Case No.205 of 2024, registered for the offences
punishable under Sections 334(1), 303(2) of the Bhartiya Nyaya
Sanhita, 2023.
3. As per allegation, some unknown persons
committed theft of Rs.6,000/- and some sweets from the sweet
shop of the Informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case only on the basis of suspicion. He further submits that there
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is no connected material on record which could connected the
Petitioner to the alleged offence.
5. He further submits that the petitioners have been
languishing in jail since 26.06.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioners have earlier been made accused in
eleven other cases.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioners for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioners, above-
named, to be enlarged on bail on their furnishing bail bonds in
the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of learned concerned
Court below in connection with Mahkar P.S. Case No.205 of
2024 on the following conditions:
(i) The petitioners will make themselves available for
interrogation by a police officer/court as and when required.
(ii) The petitioners will undertake that
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investigation/trial will not get hampered on account of their
absence or non-cooperation. They must be available to the
police or the court whenever their presence is required.
(iii) The petitioners shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioners have criminal antecedents other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(v) 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
petitioners.
(Jitendra Kumar, J.)
Chandan/-
U T
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