Patna High Court

Sikandar Kumar @ Sikku @ Sikandar MuniversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court held that, in view of the lack of prima facie incriminating material, the petitioner is entitled to bail under Section 482(2) of the BNSS.

Summary

The petitioner, Sikandar Kumar, was implicated in a theft case (PS Mirganj Case No. 158 of 2025) for allegedly purchasing a stolen motorcycle from a co-accused. The FIR alleged offences under Sections 317(4), 317(5) and 303(2) of the Bhartiya Nayay Sanhita 2023. The petitioner argued that, apart from the co-accused’s statement, there was no incriminating material against him and the stolen vehicle had already been recovered, making further custody unnecessary. The Additional Public Prosecutor opposed bail. The Court, noting the lack of prima facie evidence and the recovery of the vehicle, exercised its inherent powers under Section 482(2) of the BNSS and ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to the conditions of the trial court.

Issues considered

Whether the petitioner is entitled to bail in the absence of prima facie evidence despite the FIR alleging offences under Sections 317(4), 317(5) and 303(2) of the BNSS
Whether the trial court can exercise its inherent powers under Section 482(2) of the BNSS to release the petitioner on bail

Legislation cited

Bhartiya Nayay Sanhita, 2023 — s. 303(2), 317(4), 317(5), 482(2)

Subjects

bail
criminal procedure
theft
motor vehicle
Section 482
BNSS
prima facie evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10790 of 2026
                       Arising Out of PS. Case No.-158 Year-2025 Thana- MIRGANJ District- Purnia
                 ======================================================
                 Sikandar Kumar @ Sikku @ Sikandar Muni S/O Bindeshwari Muni @
                 Vindeshwari Muni Resident of Village- Pahartol (Pahadtal), Ward No. 11, P.S-
                 Mirganj, Distt.- Purnea.                                    ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.                                ... ... Opposite Party/s

                   ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar Bhagat, Advocate
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Mirganj P.S. Case No.                          158 of 2025

                   registered for the offences punishable under Sections 317(4),

                   317(5), 303(2) of Bhartiya Nayay Sanhita 2023.

                                3.    As per FIR, apprehended co-accused person,

                   namely Bittu Kumar Yadav named this petitioner from whom

                   and one Deepak Kumar he purchased the stolen motorcycle

                   which alleged to be seized from his possession.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that except suspicion arising out of
Patna High Court CR. MISC. No.10790 of 2026(2) dt.24-02-2026
                                            2/3




          disclosure made by apprehended co-accused, namely Bittu

          Kumar, nothing incriminating appears against this petitioner.

          It is submitted that petitioner was not connected in any

          manner with stolen motorcycle. Admittedly recovery already

          made from the possession of apprehended co-accused and,

          therefore, on all material aspects the investigation of this case

          appears concluded and, therefore, sending this petitioner

          behind bar shall not serve any purpose of justice. In this

          context, it is also pointed out that the custodial interrogation

          not appears required now in view of recovery. While

          concluding argument, it is submitted that petitioner found

          involved in one more criminal case, where he is on bail.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as save and except suspicion arising out of

          disclosure statement made by apprehended co-accused

          person, prima facie nothing incriminating appears against

          petitioner, accordingly, above named petitioner, in the event

          of his arrest or surrender before the learned trial Court, within

          a period of four weeks of the order, is directed to be released
              Patna High Court CR. MISC. No.10790 of 2026(2) dt.24-02-2026
                                                          3/3




                        on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Chief Judicial           Magistrate,

                        Purnea/concerned Court, where the case is pending in

                        connection with Mirganj P.S. Case No. 158 of 2025 subject

                        to the conditions as laid down under Section 482(2) of the

                        BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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