Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3351 of 2026 Arising Out of PS. Case No.-284 Year-2025 Thana- KHAGAUL District- Patna ====================================================== Kunal Kumar, S/o Pancho @ Panchu Singh, R/o Village - Kaliganj, P.S - Bihta, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Nath Jha, Advocates Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Khagaul P.S. Case No. 284 of 2025, registered for the alleged offence under Sections 303(2), 317(4), 3(5) of BNS, 2023.

3. The petitioner and other co-accused were apprehended while trying to steal a bike. Further recovery of a motorcycle was made from the petitioner and other co-accused person along with master key.

4. The learned counsel for the petitioner submits that no recovery of any stolen article has been made from the petitioner, who has been made accused merely on suspicion.

Patna High Court CR. MISC. No.3351 of 2026(2) dt.28-01-2026 2/3 The petitioner has no concern with the seized motorcycle or the master key which was seized from the other co-accused persons. The petitioner is in custody since 27.08.2025 and is having clean antecedent. The charge sheet has been submitted.

5. Learned APP vehemently opposes the submission made on behalf the petitioner.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet, period of custody of the petitioner and his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-5th, Danapur, Patna/court concerned, in connection with Khagaul P.S. Case No. 284 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of 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,

Patna High Court CR. MISC. No.3351 of 2026(2) dt.28-01-2026 3/3 the bail bond of the petitioner will be liable to be cancelled by the court concerned.

7. However, before accepting the bail bond of the petitioner, the learned court below is directed to verify the criminal antecedent of the petitioner. If it is found that the petitioner has got criminal antecedent, then his bail bond would not be accepted.

(Arun Kumar Jha, J) V.K.Pandey/- U T