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Kundan Kumar v. The State of Bihar

Patna HC18 Aug 2025CR. MISC./50522/2025

Case brief

AI extract

What is this about?

Regular bail; Section 379 IPC; theft of motorcycle; Sirdalla/Sirdala P.S. Case No. 596 of 2021, District Nawada; Patna High Court Criminal Miscellaneous No. 50522 of 2025; custody since 07.02.2025; remand from another case; completion of investigation; offence triable by Magistrate; criminal antecedents; bail bond Rs. 20,000 with two sureties; release conditional on framing of charge within one month; Justice Shailendra Singh; order dated 18-08-2025.

What did the court decide?

Regular bail granted: petitioner enlarged on bail on bail bond of Rs. 20,000/- each with two sureties of the like amount each, to the satisfaction of the concerned Court; further directed that he be released after framing of charge if trial proceeds, or on bail if charge is not framed within one month. ¶16

Kundan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, charged under Section 379 IPC in connection with Sirdalla P.S. Case No. 596 of 2021, should be enlarged on regular bail, given his custody since 07.02.2025 and completion of investigation against him.

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Court's answer

The court was inclined to release the petitioner on bail, mainly considering his custody period and the completion of investigation against him, notwithstanding the State's opposition and his criminal antecedents.

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Ratio / Principle

The petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the concerned Court in connection with Sirdalla P.S. Case No. 596 of 2021.

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Key takeaways

Since investigation is complete, if the trial proceeds the petitioner will be released after framing of charge; however, if the charge is not framed within the next one month, he will be released on bail as per the above direction.ratio¶17

Detailed headnote1 paragraphs

Bail — Patna High Court (Shailendra Singh, J.), oral order dt. 18-08-2025 in Cr. Misc. No. 50522 of 2025, arising out of Sirdala P.S. Case No. 596 of 2021 (Nawada), registered 15.12.2021 under Section 379 IPC for theft of the informant's motorcycle. The petitioner, remanded to this case from another case and in custody since 07.02.2025, had four criminal antecedents (on bail in three of them); investigation against him was complete and the offence was triable by any Magistrate. Holding that, mainly on account of the petitioner's custody period and completion of investigation, he was inclined to release him on bail despite the APP's opposition, the court enlarged the petitioner on a bail bond of Rs. 20,000/- each with two like sureties, and directed that, investigation being complete, he would be released after framing of charge if trial proceeded, failing which — if charge was not framed within one month — he would be released on bail per the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50522 of 2025

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Arising Out of PS. Case No.-596 Year-2021 Thana- SIRDALA District- Nawada

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======================================================

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Kundan Kumar S/O Ramvilash Chaudhary Village- Shila, P.S.- Fatehpur, Dist.- Gaya.

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... ... Petitioner

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha, Adv. : Mrs. Varsha Verma, Adv. For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 18-08-2025

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Heard Mr. Ajay Kumar Sinha, learned counsel for the

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Petitioner and Mr. Aslam Ansari, learned APP for the State.

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2. Petitioner seeks regular bail in connection with Sirdalla P.S. Case No. 596 of 2021 dated 15.12.2021 registered for the offence punishable under Section 379 of the Indian Penal Code.

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3. The main submissions advanced by the petitioner’s counsel are that the instant matter relates to the theft of motorcycle of the informant, FIR was registered against unknown, though the alleged motorcycle is said to have been recovered from the possession of this petitioner but the petitioner was remanded to this case from another case as per trial court’s order and the petitioner has been languishing in jail since 07.02.2025 though against him there are criminal antecedent of four cases however, he is on bail in three of the said cases. It is lastly submitted that against this petitioner investigation has been completed and the

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Patna High Court CR. MISC. No.50522 of 2025(2) dt.18-08-2025 2/2

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alleged offence is triable by any Magistrate.

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4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

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5. Considering the aforesaid submissions and mainly petitioner’s custody period and the completion of investigation against him, this court is inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sirdalla P.S. Case No. 596 of 2021.

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As the investigation against the petitioner has been completed, if the trial court proceeds with the trial of the petitioner then the petitioner will be released after framing of charge, however, if for any reason the charge is not framed within the next one month then he will be released on bail as per above direction.

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(Shailendra Singh, J)

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siddharthkr/BKS

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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