Patna High Court
Bhim KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted regular bail to the petitioner.
Summary
Bhim Kumar, a 27-year-old resident of Gaya district, was arrested in connection with a theft of a motorcycle and charged under Sections 317(5), 318(4), 336(3) and 338 of the BNS. He contended that he was falsely implicated due to village politics, that no stolen property was recovered from his possession, and that he has a clean antecedent. The State opposed his request for regular bail. The High Court noted that the petitioner had been in judicial custody since 30 May 2025, exceeding the six‑month period after which bail could be reconsidered, and found no material contrary to his claim of innocence. Considering the elapsed custody period, the clean record, and the lack of incriminating evidence, the Court inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail after six months of custody for offences under Sections 317(5), 318(4), 336(3) and 338 of the BNS
- Whether the absence of recovered stolen property and a clean antecedent justify granting bail
Legislation cited
- BNS — s. 317(5), 318(4), 336(3), 338
Subjects
- bail
- regular bail
- criminal procedure
- theft
- clean antecedent
- six months custody
- Sections 317(5)
- Section 318(4)
- Section 336(3)
- Section 338
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12212 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- AMAS District- Gaya
======================================================
Bhim Kumar, Male, aged about 27 years, Son of Pradeep Paswan, Resident of
Village- Bichha, P.S.- Wazirganj, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Amas P.S Case No. 167 of 2025 for the offences punishable
under Sections 317(5), 318(4), 336(3), 338 of BNS.
3. As per allegation in the FIR, it is case of stolen a
motorcycle bearing Registration No. BR-02BL-2916.
4. Learned counsel for the petitioner submits that
petitioner is innocent has falsely been implicated in this case
due to dirty village politics. He further submits that the
petitioner is named in the FIR and his name has been surfaced
only on the basis of suspicion. He next submits that nothing has
been recovered from the conscious possession of the petitioner.
He lastly submits that after completion of the investigation, the
police has submitted charge sheet against him. He again submits
Patna High Court CR. MISC. No.12212 of 2026(2) dt.18-02-2026
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that petitioner is in judicial custody since 30.05.2025 and
petitioner has got clean antecedent as stated in para 3 of the
petition.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned District and Additional Sessions Judge-1st,
Sherghati, Gaya dated 22.01.2026, it appears that on the basis of
the written report of the informant namely, Akhilesh Kumar,
Sub-Inspector of Police, FIR has been registered under Sections
317(5), 318(4), 336(3), 338 of BNS against the present
petitioner and the allegation is of stolen a motorcycle bearing
Registration No. BR-02BL-2916. It also appears that this is the
second attempt for bail. Earlier the prayer for bail of the
petitioner was rejected by this Court passed in Cr. Misc. No.
52258 of 2025 vide order dated 15.10.2025 with an observation
that the petitioner is at liberty to renew his prayer for regular
bail before the trial Court after completion of period of six
months of custody. Petitioner is in custody since 30.05.2025
after almost about six months and the allegation against the
petitioner is for the offence under Sections 317(5), 318(4),
336(3), 338 of BNS and the petitioner has got clean antecedent
Patna High Court CR. MISC. No.12212 of 2026(2) dt.18-02-2026
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as stated in para 3 of the petition, so considering all these
aspects of the case and submission of learned counsel for the
petitioner, I am inclined to grant bail to the petitioner.
7. Accordingly, the petitioner above named 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 the learned Judicial Magistrate-1st, Class,
Sherghati, Gaya in connection with Amas P.S. Case No. 167 of
2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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