Patna High Court

Bablu Roy @ Bablu KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: ARUN KUMAR JHA

Holding

The court held that bail should be granted subject to the conditions specified under Section 480(3) of the BNSS.

Summary

The petitioner, Bablu Roy, applied for bail in a theft case registered under Section 303(2) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the petitioner was involved in the theft of a motorcycle, while the petitioner claimed innocence and pointed to a lack of incriminating evidence and his long custody since April 2025. The State opposed bail, labeling the petitioner a habitual offender with five prior cases. The court examined the charge sheet, the duration of custody, and the petitioner’s antecedents, and concluded that bail could be granted with conditions. Accordingly, the court ordered release on bail upon furnishing a Rs.10,000 bond with two sureties and compliance with conditions under Section 480(3) of the Bihar Narcotic Substances (Amendment) Act.

Issues considered

Whether bail should be granted to the petitioner under Section 303(2) of the Bihar Narcotic Substances Act, 2023 despite alleged involvement in theft.
Whether the petitioner’s prior criminal antecedents render him a habitual offender justifying denial of bail.
Whether the conditions prescribed in Section 480(3) of the Bihar Narcotic Substances (Amendment) Act are satisfied for granting bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 303(2)

Subjects

bail
theft
habitual offender
Section 303(2)
Section 480(3)
high court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5974 of 2026
                  Arising Out of PS. Case No.-635 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Bablu Roy @ Bablu Kumar, Son of Late Ram Lagan Roy, Resident Of
                 Village- Santha, PS- Awtar Nagar, District- Saran at Chapra

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Krishna Kumar Yadav, Advocate
                 For the Opposite Party/s :      Mr.Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Chapra Muffasil P.S. Case No. 635 of 2024,

                   registered for the alleged offence under Section 303(2) of BNS,

                   2023.

                                3. As per prosecution case, the motorcycle of the

                   informant was stolen by unknown thieves. The name of the

                   petitioner transpired during investigation for being involved in

                   the said theft.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in this

                   case. Nothing incriminating has been recovered from the

                   person/possession of the petitioner and his name came up only
Patna High Court CR. MISC. No.5974 of 2026(2) dt.04-02-2026
                                            2/3




          on the basis of his criminal antecedents as the petitioner is

          having antecedent of five cases. The petitioner is in custody

          since 15.04.2025 and the charge sheet has been submitted.

                        5. Learned APP vehemently opposes the submission

          made on behalf the petitioner. The learned APP submits that the

          petitioner appears to be habitual offender.

                       6. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          submission of charge sheet and period of custody of the

          petitioner, he is directed to 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 learned Chief Judicial

          Magistrate, Saran at Chapra/court concerned,           in connection

          with Chapra Muffasil P.S. Case No. 635 of 2024, subject to the

          conditions mentioned in Section 480 (3) of BNSS and also the

          following conditions :

                        (i) One of the bailors will be a close relative of

                        the petitioner.

                        (ii) The petitioner 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 terms of the bail,
           Patna High Court CR. MISC. No.5974 of 2026(2) dt.04-02-2026
                                                       3/3




                                   the bail bond of the petitioner will be liable to

                                   be cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

Continue reading with your account

Checking your session…