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2026 Supreme(Online)(Pat) 4456

PATNA HIGH COURT
RAJESH KUMAR VERMA, J
Jitendra Paswan @ Jitendra Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1879 of 2026|PS. Case No.-309 Year-2025



Advocates:
For the Appellants/Petitioners: Mr. Deepak Kumar
For the Respondents: Mr. Uday Chand Prasad

Eligibility for bail requires consideration of prior custody, cooperation in trial, and compliance with stipulated conditions.

Headnote:In this judgment, the court examined the conditions for granting bail under the B.N.S. 2023. The petitioner, an accused in a theft case, claimed innocence and cited non-compliance with procedural requirements. The court found the petitioner eligible for bail given his prior custody and stipulated conditions for release. The court held that the petitioner must cooperate in the trial and specified potential actions if the bail conditions were violated. The petitioner is granted bail on specific terms.

Table of Content
1. accused's claim of innocence and procedural non-compliance. (Para 2 , 3)
2. opposition to bail based on criminal antecedent. (Para 5)
3. conditions for bail set by the court. (Para 6)

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 19-01-2026 Heard Mr. Deepak Kumar, learned counsel for the petitioner and Mr. Uday Chand Prasad, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

15.10.2025 in connection with Sheikhpura P.S. Case No. 309 of 2025, F.I.R. dated 14.10.2025 for the offences punishable under Sections 317(5), 318(4) of the B.N.S. , 2023.

3. According to prosecution case, a stolen motorcycle in question was recovered from the possession of the accused-

petitioner.

petitioner is innocent and the petitioner has not committed any appears from seizure list there is non-compliance of section 103 BNSS and only Police personnel is the seizure witness which suggest that petitioner has falsely been implicated in the present case. He further submits that the police after investigation, submitted charge-sheet against the petitioner and the petitioner is in custody since 15.10.2025.

5. Learned APP has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one criminal antecedent other than the present one.

6. Considering the aforesaid facts and circumstances and the fact that chargesheet has been submitted against the petitioner and the period of custody, 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, Sheikhpura in connection with Sheikhpura P.S. Case No. 309 of

2025, with the following conditions:

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 her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

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.

(Rajesh Kumar Verma, J)

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