Sanjay Dagru Kale Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32796 of 2026

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Arising Out of PS. Case No.-25 Year-2026 Thana- KISHANPUR District- Supaul

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

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Sanjay Dagru Kale S/o Dagru Kale R/o Kalebari, P.S. - Atpadi, Dist. - Shangli(Maharashtra).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vivek Kumar Sinha : Mr. Mohit Raj For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 13-05-2026

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Heard Mr. Vivek Kumar Sinha, learned counsel

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for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State.

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Petitioner seeks bail who is in custody since 29.01.2026 in connection with Kishanpur P.S. Case No. 25 of 2026 for the offences punishable under Sections 334(1) and 307 of BNS.

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The case of the prosecution, in brief, is that on dated 27.01.2026 at about 05:00 A.M., the night guard Naresh Bahadur has informed the informant that some unknown persons have committed 24/03/26 theft in his shop and in the shop of his brother namely Chhotu Swarnkar and cousin brother Rajesh Swarnkar and the accused persons have taken away the

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Patna High Court CR. MISC. No.32796 of 2026(2) dt.13-05-2026 2/4

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silver and golden jewelries as well as weighing machine. Thereafter, the informant arrived at Tharbitta and saw that the lock of his shop was broken and from his shop silver Bichiya 10 piece, silver anklet 5 pairs, silver Mangalsutra 3 piece, total weight 700 grams and golden nose-pin 10 piece, total weight 60 grams and one weighing machine. Similarly, from his brother's shop artificial statue- 20 piece, silver ring- 10 piece, silver Bichiya-10 piece, total weight 60 grams and one weighing machine and from the shop of Rajesh Swarnkar; 4 silver coin, silver plate weighing 60 grams, partly prepared silver jewelries weighing 100 grams and one weighing machine. The accused persons also destroyed the DVR of CCTV Camera and the accused persons also assaulted the night guard and tightened his hands and legs. Thereafter, local persons has informed the police and the night guard was taken to PHC Kishanpur. On the basis of the above-said written application of the informant, the FIR was registered against the unknown persons.

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Learned counsel for the petitioner submits that petitioner is a goldsmith and has clean antecedent. It is next submitted that petitioner has falsely been implicated in the present case on the basis of confessional statement of coaccused person, namely, Mehndi Alam and some articles have

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Patna High Court CR. MISC. No.32796 of 2026(2) dt.13-05-2026 3/4

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been recovered from the jewelery shop of the petitioner but the same has not been put up for TIP as yet and similarly situated co-accused person, namely, Md. Mumtaj @ Biru has been granted regular bail vide order dated 06.05.2026 passed in Cr. Misc. No. 30643 of 2026 by this Court and police after investigation has submitted charge-sheet and petitioner is in custody since 29.01.2026.

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The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 25 of 2026, subject to the following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

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Patna High Court CR. MISC. No.32796 of 2026(2) dt.13-05-2026 4/4

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move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Gaurav Sinha/-

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U T

Sanjay Dagru Kale v. The State of Bihar

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Sanjay Dagru Kale v. The State of Bihar

Case brief

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