Patna High Court
Nandlal Kumar @ Nand Lal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Nandlal Kumar, was implicated in a theft case under section 303(2) of the Bhartiya Nyay Sanhita, 2023, after his e‑rickshaw was reported stolen. The FIR named no specific accused, but the investigation led to his arrest on 9 November 2025 and a chargesheet was later filed. The petitioner contended that he was falsely implicated and sought regular bail. The court examined the allegations, the material gathered during investigation, and the fact that the petitioner had been in custody for several months. Considering these factors, the court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Judicial Magistrate. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail under section 303(2) of the Bhartiya Nyay Sanhita, 2023, after the filing of the chargesheet.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 303(2)
Subjects
- regular bail
- section 303(2)
- Bhartiya Nyay Sanhita
- theft of motor vehicle
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13112 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- Madhusudanpur District- Bhagalpur
======================================================
Nandlal Kumar @ Nand Lal Kumar @Nand Lal Kumar son of Virendra Ravi,
R/O Village- Sahebganj, Bind Toli Chowk, P.S. Lalmatiya, District Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ambrish Kr Jha, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 26-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Madhusudanpur P.S. Case
no. 177 of 2025 registered under section 303(2) of the Bhartiya
Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that his E-Rickshaw which he used to drive for his livelihood,
was stolen while it was parked in front of his house. As such,
the FIR was registered against unknown.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case in
course of investigation. The said E-Rickshaw was not recovered
from the possession of the petitioner. He is in custody since
9.11.2025 and chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.13112 of 2026(2) dt.26-02-2026
2/2
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R., the material that has transpired in course of investigation, the
petitioner being in custody since 9.11.2025 and chargesheet having
been submitted in the case, the Court directs the petitioner to be
enlarged on bail in connection with Madhusudanpur P.S. Case no.
177 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 1st Class, Bhagalpur.
(Partha Sarthy, J)
Bibhash
U T
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