Patna High Court
Bhanu Pratap Singh @ Rajiv SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Bhanu Pratap Singh, was arrested in connection with a case alleging that he kept a stolen motorcycle at his residence, leading to charges under Sections 303(2), 317(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed the motorcycle was seized during a raid and the petitioner could not produce any ownership documents. The petitioner argued he was falsely implicated, that the seizure list lacked proper signatures, and that the recovered mobiles were not stolen property, while also noting his antecedent case for which he was already on bail. The State opposed bail, citing the petitioner’s similar antecedent. After considering the nature of the allegations, the charge‑sheet, and the period of custody, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the BNSS.
- Whether the antecedent case and alleged possession of stolen property justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(5), 318(4), 480(3)
Subjects
- bail
- criminal procedure
- theft
- motor vehicle
- antecedent
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1427 of 2026
Arising Out of PS. Case No.-365 Year-2025 Thana- SISWAN District- Siwan
======================================================
Bhanu Pratap Singh @ Rajiv Singh S/O Late Lallan Singh R/O Village-
Chhajwa, P.S- Andar, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Siswan P.S. Case No. 365 of 2025 registered
for the alleged offences under Sections 303(2), 317(5) and
318(4) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, on receiving information
about petitioner keeping a stolen motorcycle at his house. A raid
was conducted and the motorcycle was seized. The petitioner
could not produce any document for the said motorcycle.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Learned counsel further submits that no recovery has been
made from the conscious possession of the petitioner as the
Patna High Court CR. MISC. No.1427 of 2026(2) dt.15-01-2026
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recovery has been shown in front of the house where petitioner
stays as one of the tenants. But the seizure list does not bear
signature of even the caretaker or owner of the house. The
mobiles recovered from the petitioner’s room are not stolen
property. The petitioner is having antecedent of one case in
which he is on bail. Learned counsel further submits that the
petitioner is in custody since 13.10.2025 and charge-sheet has
been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner bears antecedent of similar nature.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and period of custody of the petitioner along
with submission of charge-sheet, the petitioner above named is
directed to 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 learned Additional Chief Judicial
Magistrate-VII, Siwan/court concerned in connection with
Siswan P.S. Case No. 365 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
Patna High Court CR. MISC. No.1427 of 2026(2) dt.15-01-2026
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(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
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.
(Arun Kumar Jha, J)
Ashish/-
U T
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