Patna High Court

Gaurav KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: ARUN KUMAR JHA

Holding

The court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Gaurav Kumar, was arrested in connection with a theft of an informant's car, alleged under Section 303(2) of the B.N.S. The prosecution's case relied on a co‑accused's confessional statement and suspicion, with no material recovered from the petitioner. The petitioner claimed innocence, arguing lack of incriminating evidence and that he had been in custody since 22‑06‑2025 with a charge sheet already filed. The State opposed bail, but the court considered the absence of recovery, the duration of custody, and the charge sheet submission. Consequently, the court ordered his release on bail of Rs.10,000 with two sureties, imposing conditions under Section 480(3) of the B.N.S.S. and additional personal conditions.

Issues considered

Whether bail should be granted to the petitioner accused under Section 303(2) of the B.N.S. in the absence of material recovery and based solely on a co‑accused's confession.

Legislation cited

B.N.S. — s. 303(2)
B.N.S.S. — s. 480(3)

Subjects

bail
theft
confessional statement
charge sheet
Section 303
Section 480
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1020 of 2026
                      Arising Out of PS. Case No.-267 Year-2025 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Gaurav Kumar S/O Sanjay Sharma @ Sunil Kumar Resident of village-
                 Sonwa, P.S.- Ghoshi, District- Jahanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binay Kumar Singh, Advocate
                 For the State            :       Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

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

                   connection with Rajiv Nagar P.S. Case No. 267 of 2025

                   registered      for the alleged offences under Section 303(2) of

                   B.N.S.

                                 03. As per prosecution case, the car of the informant

                   was stolen in the night of 01.05.2025 by unknown thieves. The

                   name of the petitioner transpired during investigation for being

                   involved in the said theft.

                                 04. 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

                   or possession of the petitioner. The petitioner has been made
Patna High Court CR. MISC. No.1020 of 2026(2) dt.15-01-2026
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          accused in this case on the basis of confessional statement of co-

          accused and merely on suspicion. The petitioner is having

          antecedent of three cases. The petitioner is in custody since

          22.06.2025 and charge sheet has been submitted.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been shown from the petitioner and

          further considering the period of custody of the petitioner and

          submission of charge sheet, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Sub Judge II -cum- ACJM-II,

          Patna/concerned Court in connection with Rajiv Nagar P.S. Case

          No. 267 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 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
            Patna High Court CR. MISC. No.1020 of 2026(2) dt.15-01-2026
                                                        3/3




                                              dates or in violation of the terms of the bail,

                                              the bail bond of the petitioner will be liable

                                              to be cancelled by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T

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