Uma Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2533 of 2026 Arising Out of PS. Case No.-302 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Uma Shankar Kumar Son of Munarik Rai @ Munarik Ray Resident of Village - Kripaltola, P.S. - Nadi, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Nadi P.S. Case No. 302 of 2024 instituted for the offences punishable under Section 303(2) of the B.N.S.
3. The prosecution case, in short, is that, when he went for bath after cremation of maternal grand father, his brother's mobile phone, money and watch was stolen.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Name of the petitioner has transpired on the basis of his self confession made before the police which has no evidentiary value. No incriminating material has been recovered
Patna High Court CR. MISC. No.2533 of 2026(2) dt.22-01-2026 2/3 from the conscious possession of the petitioner and the stolen mobile phone was recovered from the possession of one Mahendra Rai. The petitioner is in custody since 08.09.2025 and has got nine criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner pointing out nine criminal antecedents of the petitioner and stating that he is a habitual offender and does not deserve bail.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nadi P.S. Case No. 302 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.2533 of 2026(2) dt.22-01-2026 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) The petitioner will not leave the territorial jurisdiction of the Court below without its prior permission for the same.
(Rudra Prakash Mishra, J) Siddharth Soni/- U T