Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1454 of 2026 Arising Out of PS. Case No.-328 Year-2025 Thana- PIRO District- Bhojpur ====================================================== Sandeep Kumar S/o Kaushal Kishor R/o Village- Sanehi Tola, P.S.- Piro, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Murari, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Piro P.S. Case No. 328 of 2025 registered for the alleged offences under Sections 305 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, petitioner and three other co-accused persons committed theft in the mill of the informant and took away a number of articles from the mill apart from Rs. 5,000/- in cash.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The FIR has been lodged after delay of three days without any satisfactory explanation. The informant is not an eye

Patna High Court CR. MISC. No.1454 of 2026(2) dt.15-01-2026 2/3 witness which is apparent from the FIR and named this petitioner on saying of his cousin Manu Kumar. Nothing incriminating has been recovered from the person or possession of the petitioner. The confessional statement of the petitioner has been extracted by the police which has got no legal sanctity. The petitioner has been made accused in a number of cases and is on bail in all such cases. The petitioner is in custody since 26.10.2025 and 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 fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner 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 Additional Chief Judicial Magistrate-VIII, Bhojpur at Ara/court concerned in connection with Piro P.S. Case No. 328 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

Patna High Court CR. MISC. No.1454 of 2026(2) dt.15-01-2026 3/3 (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.

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