Patna High Court
Ratan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Ratan Kumar, was arrested in connection with a case involving the alleged theft of a Bolero vehicle, charged under sections 303(2), 317(5), 336(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s informant claimed the stolen vehicle was recovered from the house of a co‑accused, Gurudev Pandit, who had allegedly purchased it from the petitioner. The petitioner contended that he was falsely implicated, asserting that the vehicle was recovered from the co‑accused and not from him, and that he had no further involvement. He had been in custody since 2 December 2025 and offered to cooperate with the investigation. After hearing both sides, the Court noted the lack of direct evidence linking the petitioner to the recovered vehicle and the prolonged pre‑trial detention, and consequently ordered that he be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 in view of the allegations and the fact that the stolen vehicle was recovered from a co‑accused.
- Whether the petitioner’s prolonged pre‑trial custody justifies the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(5), 336(3), 3(5)
Subjects
- regular bail
- criminal procedure
- false implication
- stolen vehicle
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11642 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- HARPUR District- Munger
======================================================
Ratan Kumar S/O Dilip Singh @ Dilip Kumar Singh @ Dilip Kumar R/O
Village- Chakaheli, P.O- Madhodih, P.S- Sangrampur, District.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate
Mr. Surya Narayan Sah, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Harpur P.S. Case no.35
of 2025, registered under sections 303(2), 317(5), 336(3) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his stolen Bolero vehicle was traced at the house of one
Gurudev Pandit. On further enquiry it transpired that the said
Gurudev Pandit had purchased the same from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. From the
contents of the F.I.R. itself it would transpire that the alleged
recovery of the stolen vehicle of the informant is not from the
petitioner but from the co-accused Gurudev Pandit. The
Patna High Court CR. MISC. No.11642 of 2026(2) dt.25-02-2026
2/2
petitioner has no concern either with the said Gurudev Pandit
nor had he sold the vehicle to him. Gurudev Pandit has already
been enlarged on bail. The petitioner is in custody since
2.12.2025 and undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
recovery of the informant’s vehicle not being from the petitioner
but from the co-accused Gurudev Pandit and the petitioner
having remained in custody since 2.12.2025, the petitioner is
directed to be enlarged on bail in connection with Harpur P.S.
Case no.35 of 2025, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate I st
Class, Munger.
(Partha Sarthy, J)
avinash/-
U T
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