Patna High Court
Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny liberty.
Summary
The petitioner, Suman Kumar, applied for bail in a case registered under Sections 303(2), 317(2) and 111 of the Bhartiya Nayay Sanhita concerning alleged involvement in the sale of stolen motorcycles. The prosecution’s case is based on information that criminals assembled to sell motorcycles, leading police to seize a stolen motorcycle and the accused’s mobile phones. The petitioner argues that he is not named in the FIR, was not arrested at the scene, and merely possessed four motorcycle keys recovered during investigation, claiming he was unaware they were stolen. He asserts clean antecedents and has been in custody since 10‑01‑2026. The State opposed bail, but the court, after considering the circumstances, ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner who is not named in the FIR but was found in possession of keys to stolen motorcycles.
- Whether the possession of stolen property keys, without knowledge of the theft, justifies denial of bail under Sections 303(2), 317(2) and 111 of the Bhartiya Nayay Sanhita.
Subjects
- bail
- criminal procedure
- possession of stolen property
- Sections 303(2)
- Section 317(2)
- Section 111
- Bhartiya Nayay Sanhita
- clean antecedents
- motorcycle theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14741 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Suman Kumar S/o Shrawan Kumar @ Sharvan Chaudhary @ Sharvam
Chaudhary R/o Village - Gondapur, P.S - Roh, District - Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Bipin Kumar, Advocate
For the Opposite Party : Mr. Bhanu Pratap Singh, 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
Nawada Muffasil P.S. Case No. 9 of 2026, registered for the
offence under Sections 303(2), 317(2) and 111 of the Bhartiya
Nayay Sanhita.
3. As per the prosecution case, the informant got an
information that some criminals have assembled so as to sell the
motorcycles. Upon such information, the police reached that
place where three persons tried to flee away leaving the
motorcycles, two persons were apprehended, who respectively
disclosed their names as Dheeraj Kumar and Anant Kumar.
Dheeraj Kumar further disclosed that the said motorcycle was
stolen from near Nawada court. The said motorcycle was seized
and mobiles phones of the accused persons were also seized.
Patna High Court CR. MISC. No.14741 of 2026(2) dt.12-03-2026
2/2
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR and he was
not arrested at the spot nor he was one among the persons who
allegedly fled away from the place of occurrence. He further
submits that during course of investigation, four keys of
motorcycles have been recovered from the possession of the
petitioner, which he had kept in good faith without knowing the
factum that the said keys were of stolen motorcycles. Petitioner
claims clean antecedents and he is in custody since 10.01.2026.
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, 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
Additional Chief Judicial Magistrate, Nawada, in connection
with Nawada Muffasil P.S. Case No. 9 of 2026.
(Praveen Kumar, J)
Pawan/-
U T
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