Guru Prasad Karmarkar @ Guru Prasad Karmakar vs. The State Of Bihar
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The petitioners, Guru Prasad Karmarkar and Amar Malik, are seeking bail in connection with Barahat P.S. Case No. 123 of 2025. They were apprehended when their vehicle, carrying 58.480 kg of silver ornaments, did not stop upon being signaled. The ornaments were seized on suspicion of being stolen property. The petitioners claim they are employees of Damodar Enterprises, a silver jewellery dealer, and were transporting the ornaments to Shri Rajlaxmi Alankar, Chapra. They assert that an invoice was prepared, ledger entries were made, and the transaction was uploaded on the GST portal. However, the consignee allegedly refused to acknowledge the order due to fear of the police. No one has come forward to claim the jewellery as stolen property. The petitioners have been in custody since April 23, 2025, and a charge sheet has been submitted.
Held
The Court granted bail to the petitioners. The decision was based on a holistic consideration of the facts and circumstances, the submissions made by both parties, and the doubtful nature of the allegations in light of the produced documents. The Court also took into account the period of custody of the petitioners and the submission of the charge sheet. The reasoning suggests that the documentary evidence, including the GST portal upload, and the absence of any claimant for the seized property as stolen, created sufficient doubt regarding the prosecution's case. The Court found that the petitioners had made out a case for release on bail. The operative direction was to release the petitioners on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to conditions including their presence on each court date and the potential cancellation of bail upon violation of terms.
Key Issues
1. Whether the petitioners are entitled to bail in connection with Barahat P.S. Case No. 123 of 2025, considering the facts and circumstances of the case and the documents produced. The petitioners argued that they are innocent and falsely implicated. They are employees of Damodar Enterprises, dealing in silver jewellery, and were transporting the consignment with proper documentation, including an invoice and GST portal upload. They highlighted the lack of any claimant for the seized jewellery as stolen property and attributed the issue to a communication gap and delayed document submission due to the proprietor's residence in West Bengal. They also stated they have no criminal antecedents, have been in custody since April 23, 2025, and a charge sheet has been filed. The State, through the learned APP, opposed the bail application. While acknowledging the firm's claim of ownership, the State pointed out that the consignee denied placing the order for the seized silver ornaments.
Sections Cited
Section 317(5)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 12-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
In the present case, the petitioners seek bail in connection with Barahat P.S. Case No. 123 of 2025 registered for the alleged offences under Sections 317(5) of B.N.S., 2023. 3. As per prosecution case, the petitioners were apprehended on suspicion when their vehicle was signaled to spot and they did not stop. On search of the vehicle, total 58.480 kg of silver ornaments were recovered. Considering it to be 2/4 stolen property, the petitioners were taken into custody.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners are employees of one Damodar Enterprises which deals in the silver jewellery and it is supplied to different jewellery shops. The petitioners were entrusted with the silver ornaments for delivering the same to one Shri Rajlaxmi Alankar, Chapra and documentation shows invoice was prepared and ledger entries were made. The same was even uploaded on GST portal. However, perhaps, due to fear of police, Shri Rajlaxmi Alankar refused to acknowledge that the consignment was meant for it. Learned counsel further submits that, moreover, no person has came forward to claim the jewellery or to claim that it was stolen property. The whole occurrence took place due to gap in communication and not producing the document in time before the police since the proprietor of the firm Damodar Enterprises was resident of West Bengal. Learned counsel further submits that the petitioners are having no criminal antecedent and they are in custody since 23.04.2025 and charge sheet has been submitted.
Learned APP opposes the submission made on behalf of the petitioners. Learned APP submits that though the 3/4 firm of the petitioners have been claiming ownership of the seized silver ornaments, the consignee has denied placing the order for the same.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation in the light of the documents produced and further considering the period of custody of the petitioners and submission of charge sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/concerned Court in connection with Barahat P.S. Case No. 123 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners 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 4/4 terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
DKS/- (Arun Kumar Jha, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.