Patna High Court
Nagina RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
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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
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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.
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9. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
kiran/-
U T
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