Sundar Khan @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30203 of 2026 Arising Out of PS. Case No.-95 Year-2026 Thana- KATIHAR NAGAR District- Katihar ====================================================== Sundar Khan @ Munna S/O Fajlu Khan Resident of Village- Belgachhi, P.SAmdabad, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-05-2026 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 Nagar P.S. Case No. 95 of 2026 registered for the alleged offences under Sections 303(2) and 334 of B.N.S.

03. As per prosecution case, a theft was committed in the jewellery shop of the informant and the thieves took away silver ornament of 8 kg worth Rs.24,00,000/-, gold ornament of 16 gm and 3.700 gm pure gold worth Rs.2,90,000/-. The name of the petitioner came up in this case during investigation as one of the thieves.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30203 of 2026(2) dt.11-05-2026 2/3 petitioner is innocent and has been falsely implicated in this case and nothing incriminating has been recovered from the person or possession of the petitioner. The recovery of 11 pieces of anklet has been made from the house of the petitioner but it is common household article which ladies wear in every household. The recovered articles are not stolen articles. Moreover, no Test Identification Parade has been conducted either for the seized article or for the petitioner till date. The petitioner is having antecedent of one case. The petitioner is in custody since 24.01.2026 and charge sheet has been submitted.

05. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the recovery of stolen articles have been made from the house of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, 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/concerned Court in connection with Katihar Nagar P.S. Case No. 95 of 2026,

Patna High Court CR. MISC. No.30203 of 2026(2) dt.11-05-2026 3/3 subject to the conditions mentioned in Section 480(3) of B.N.S.S. 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, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(iv) The learned trial court will verify the criminal antecedent of the petitioner and if it is found that the petitioner has criminal antecedent of more than one case, his bail bonds will not be accepted.

(Arun Kumar Jha, J) DKS/- U T