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Patna High Court

Nagina RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Nagina Rai was arrested on suspicion of involvement in a stolen motorcycle case and charged under Sections 303(2), 317(5) and 3(5) of the B.N.S. He had been in custody since 7 May 2025, with a charge sheet filed and charges framed only in January 2026, after an earlier bail application was rejected in August 2025. The petitioner argued that he was innocent, had no incriminating material in his possession, and no prior criminal record. The State opposed bail, citing the seriousness of the offences. Considering the prolonged pre‑trial detention of about eleven months and the lack of material evidence, the Court inclined to grant bail, imposing a bond of Rs.10,000 with two sureties and several conditions regarding attendance and conduct. The bail petition was therefore allowed.

Issues considered

  • Whether bail should be granted to the accused after an extended period of pre‑trial detention despite the nature of the offences charged under the B.N.S.
  • Whether the absence of incriminating material in the accused's possession and lack of prior criminal record justify bail.

Legislation cited

  • B.N.S. — s. 303(2), 317(5), 3(5)

Subjects

  • bail
  • pre‑trial detention
  • motorcycle theft
  • B.N.S.
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10286 of 2026
                     Arising Out of PS. Case No.-96 Year-2025 Thana- JURAWANPUR District- Vaishali
                 ======================================================
                 Nagina Rai Son of Basu Rai R/O Village - Chhapra, Ward No.- 5, P.S.- Patori,
                 District - Samastipur, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dharmendra Kumar Paswan, Adv
                                                  Mr. Amar Kumar, Adv
                                                  Ms. Deepshikha, Adv
                                                  Mr. Suraj Kumar, Adv
                 For the Opposite Party/s :       Mr. Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   03-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with

                   Jurawanpur P.S. Case No. 96 of 2025 registered for the offence

                   punishable under Sections 303(2), 317(5) and 3(5) of B.N.S.

                                 3. Earlier also the petitioner had prayed for the grant

                   of bail vide Cr. Misc. No. 52681 of 2025 which was rejected on

                   11.08.2025.

                                 4. The case of the prosecution, in short, is that an

                   application was submitted by the informant alleging therein that

                   on 06.05.2025 at 17:00 hours, he along with his associates were

                   on patrolling duty at 21:30 hours and they started checking the
Patna High Court CR. MISC. No.10286 of 2026(3) dt.03-04-2026
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          vehicle at Thanda Tole, two motorcycle riders saw the police

          and tried to escape but one was apprehended who happens to be

          the petitioner and the other fled away. The apprehended person

          i.e., the petitioner did not show any document of the said

          motorcycle. The motorcycle was stolen motorcycle for which

          Bidupur P.S. Case No. 119 of 2024 was already registered.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case merely on suspicion. No incriminating material has been

          recovered from the conscious physical possession of the

          petitioner. He further submits that the petitioner is in custody

          since 07.05.2025 and charge-sheet has already been filed. The

          petitioner has no criminal antecedent.

                       6. Learned APP appearing for the State opposes the

          prayer for regular bail of the petitioner.

                       7. Considering the fact that the petitioner is in custody

          since 07.05.2025 which is almost 11 months and after the

          passing of the order dated 11.08.2025 in Cr. Misc. No. 52681 of

          2025, charge has already been framed on 20.01.2026, this Court

          is inclined to grant bail to the petitioner.

                       8. Let the petitioner, above named, is directed to be

          released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.10286 of 2026(3) dt.03-04-2026
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          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned court below where the case is

          pending/successor court in connection with Jurawanpur P.S.

          Case No. 96 of 2025, subject to the following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative.

                       (ii) The petitioner shall remain physically present in

          Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          without substantial reason 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.

                       (iv) If the petitioner is found involved in similar

          nature of offence in future, the prosecution shall be at liberty to

          move for cancellation of his bail bond.

                       (v) The learned 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 bond in terms of the

          above-mentioned order shall not be delayed for purpose of or in

          the name of verification.
              Patna High Court CR. MISC. No.10286 of 2026(3) dt.03-04-2026
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                                     9. Accordingly, the prayer for bail is allowed.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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