IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44069 of 2026 Arising Out of PS. Case No.-350 Year-2026 Thana- AGAMKUAN District- Patna ====================================================== Nehal Kumar, S/o Pappu Kumar Sharaf @ Pappu Prasad @ Pappu Sarraf, Resident of Village- Sugauli Bazar, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sitesh Kashyap, Advocate For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 08-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Agamkuan P.S. Case No. 350 of 2026, registered for the offence under Section 305 of BNS. 3. As per the prosecution case, some unknown thieves entered into the godown of the informant in the night and took away a number of articles. The name of the petitioner transpired during investigation for being involved in the theft. 4. The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Though there is allegation that recovery of some stolen Patna High Court CR. MISC. No.44069 of 2026(2) dt.08-07-2026 2/4 articles was made from this petitioner, but the said articles were not put to Test Identification Parade. It is the case of the petitioner that he purchased the article from one Mithilesh Thakur for consideration. The petitioner was not having any knowledge that the article was stolen. The petitioner is having antecedents of four cases and he is on bail in all such cases. The petitioner is in custody since 06.04.2026 and charge sheet has been submitted. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. The learned APP submits that petitioner is habitual offender indulging in same type of the activity repeatedly. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner and further considering the submission of charge-sheet against him, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City/court concerned, in connection with Agamkuan P.S. Case No. 350 of 2026, subject to the condition laid down under Section 480(3) of the BNSS Patna High Court CR. MISC. No.44069 of 2026(2) dt.08-07-2026 3/4 and other 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, if so required by the learned trial court. (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. That apart, in view of the antecedents of the petitioner, he would be required to appear before the concerned police station within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the concerned police station and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the concerned police station, a certificate will be filed by the Patna High Court CR. MISC. No.44069 of 2026(2) dt.08-07-2026 4/4 petitioner before the court concerned which should be granted by the concerned police station upon his appearance. V.K.Pandey/- (Arun Kumar Jha, J) U T