Patna High Court
Vijay Singh BhoktaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Vijay Singh Bhokta, was arrested in connection with a case alleging he was riding a stolen motorcycle, violating Sections 303(2) and 317(5) of the Bhartiya Nayay Sanhita. He claimed to have purchased the bike in good faith from Chhotu Kumar for Rs.20,000 and was unaware it was stolen, and he had no prior criminal record. The prosecution opposed bail, citing the theft allegations. The court considered the lack of antecedents, the petitioner's belief in legitimate ownership, and the duration of custody. It concluded that bail was appropriate under the circumstances. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Sections 303(2) and 317(5) of the Bhartiya Nayay Sanhita given the alleged theft of a motorcycle
- Whether the accused's claim of bona fide purchase and lack of criminal antecedents warrant bail
Legislation cited
- Bhartiya Nayay Sanhita — s. 303(2), 317(5)
Subjects
- bail
- theft
- stolen vehicle
- criminal antecedents
- Section 303
- Section 317
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14343 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- AMAS District- Gaya
======================================================
Vijay Singh Bhokta Son of Late Shivdhar Singh Bhokta Resident of Village-
Jharna, P.S.- Dhibra, District- Aurangabad,
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Aamas
P.S. Case No. 142 of 2025 dated 14.05.2025, registered for the
offence under Sections 303(2), 317(5) Bhartiya Nayay Sanhita.
3. As per the prosecution case, allegedly, the
petitioner was found riding on a motorcycle, which appeared to
be stolen one. The police party contacted the owner of the said
motorcycle, who disclosed that his motorcycle was stolen for
which Shastri Nagar P.S. Case No. 60 of 2025 was lodged.
4. Learned counsel appearing for the petitioner
submits that the petitioner has no criminal antecedents and he is
in custody since 15.05.2025. In fact, the petitioner had
purchased the said motorcycle for a consideration amount of
Rs.20,000/- from one Chhotu Kumar and the petitioner was not
Patna High Court CR. MISC. No.14343 of 2026(2) dt.12-03-2026
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aware that the said motorcycle was stolen one and he was under
a bonafide belief that Chhotu Kumar was the owner and no
seizure list of the vehicle was prepared.
5. Learned A.P.P. for the State, vehemently, opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody, let the, above named, petitioner be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate First Class, Sherghati,
Gaya, in connection with Aamas P.S. Case No. 142 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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