Patna High Court
Deepak Kumar @ Dipak Kumar @ Radhe @ Radhey @ Radhey KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, subject to a bond and specific conditions.
Summary
The petitioner, Deepak Kumar, was charged under Section 303(2) of the Bihar Narcotic Substances Act, 2023 for the alleged theft of a Pulsar motorcycle. The FIR was initially lodged against unknown persons, and the petitioner’s name was later added based on a confessional statement of a co‑accused. The seizure list showed only a mobile phone belonging to the petitioner recovered from his possession, and no other stolen property was found with him. The petitioner had been in custody since 28 February 2026, the charge‑sheet had been filed, and he had no prior criminal record. The State opposed bail, but the court considered the lack of material recovery, the filing of the charge‑sheet, and the petitioner’s clean antecedents. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of family surety and mandatory court attendance.
Issues considered
- Whether the confessional statement of a co‑accused is sufficient to justify denial of bail under Section 303(2) of the B.N.S., 2023.
- Whether the filing of the charge‑sheet and the absence of recovered stolen property from the petitioner warrant the grant of bail.
- Whether the petitioner’s lack of prior criminal antecedents influences the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 303(2)
Subjects
- bail
- Section 303(2)
- Bihar Narcotic Substances Act
- confessional statement
- charge sheet
- theft of motor vehicle
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34841 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- TETERHAT District- Lakhisarai
======================================================
Deepak Kumar @ Dipak Kumar @ Radhe @ Radhey @ Radhey Kumar S/o
Naresh Sao @ Naresh Saw @ Naresh Shaw R/o Village - Tetarhat, P.S -
Tetarhat, District - Lakhisarai, Bihar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Roy, Advocate
For the State : Mr. Shyam Kr. Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 303(2) of the B.N.S.,
2023.
3. As per the prosecution case, the Pulsar
motorcycle of the informant was stolen by some unknown
persons on 15.12.2025.
4. Learned counsel for the petitioner submits that
the First Information Report was lodged against unknown
miscreants and the name of the petitioner transpired in the
present case on the basis of the confessional statement of the
co-accused in Tetarhat P.S. Case No. 25 of 2026 dated
08.02.2026. It is pointed out that the recovery of the stolen
motorcycle has also been made from the possession of these
Patna High Court CR. MISC. No.34841 of 2026(3) dt.11-06-2026
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accused persons who were riding the same as would be evident
from the seizure list itself. So far as the petitioner is concerned,
the seizure list indicates that only one mobile phone was
recovered from the possession of this petitioner which
belonged to the petitioner himself. The petitioner has been
languishing in custody since 28.02.2026 and the charge-sheet
has been submitted. Further, the petitioner had no criminal
antecedent and only after the present case, another case being
Tetarhat P.S. Case No. 25 of 2026 was lodged on 08.02.2026
wherein, the petitioner was arrested and remanded in the
present case.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that no
recovery has been made from the possession of the petitioner
and the charge-sheet has been submitted, let the above named
petitioner, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M.-III,
Lakhisarai/concerned Court below in connection with Tetarhat
P.S. Case No. 231 of 2025, subject to the conditions:-
Patna High Court CR. MISC. No.34841 of 2026(3) dt.11-06-2026
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(i) One of the bailors shall be a family member/close
relative.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
priyanka/-
U T
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