Patna High Court
Abhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner on the condition of bond, sureties, and regular police station attendance.
Summary
The petitioner, Abhiraj Kumar, was arrested for alleged vehicle theft under Section 303(2) of the Bharatiya Nyaya Sanhita, with the stolen vehicle recovered and his name appearing in a co‑accused's confessional statement. He had been in custody since 3 July 2025. The petitioner argued that similarly situated co‑accused, Bhola Kumar and Shahrukh, had already been granted bail. The court considered the nature of the offence, the evidence, and the precedent of bail to co‑accused, and decided to grant bail. He was ordered to furnish a bail bond of Rs.10,000 with two sureties, cooperate with the trial, and appear at the Digha Police Station every Sunday, with default leading to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner accused of vehicle theft under Section 303(2) of the Bharatiya Nyaya Sanhita, considering the evidence and the bail granted to co‑accused.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2)
Subjects
- bail
- theft of vehicle
- Bharatiya Nyaya Sanhita
- Section 303(2)
- co‑accused
- surety
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14904 of 2026
Arising Out of PS. Case No.-616 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Abhiraj Kumar Son of Munna Kumar Resident of village- Panchshil Nagar,
(Khangar Road), P.S.- Digha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hari Mohan Tripathi, Advocate
For the State : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Alamganj P.S. Case No. 616 of 2025 registered for the offence
punishable under Sections 303(2) of the Bharatiya Nyaya
Sanhita.
3. The petitioner is accused of committing theft of
vehicles. Stolen vehicle has been recovered from one Bhola
Kumar. The name of the petitioner and the aforesaid Bhola
Kumar has come in the confessional statement of co-accused
Shahrukh.
4. The petitioner is in custody since 03.07.2025.
5. Learned counsel for the petitioner submits that
similarly situated co-accused Bhola Kumar and Shahrukh have
Patna High Court CR. MISC. No.14904 of 2026(2) dt.25-02-2026
2/2
been granted bail vide order dated 03.12.2025 passed in Cr.
Misc. Nos. 83185 of 2025 and 78486 of 2025 respectively.
6. Considering the aforesaid facts, this application is
allowed.
7. Let 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
A.C.J.M.-VI, Patna City/ concerned Court in connection with
Alamganj P.S. Case No. 616 of 2025, subject to the condition
that the petitioner will co-operate in the trial.
8. The petitioner will also mark attendance in Digha
Police Station, District-Patna on every Sunday of the month.
Any default in appearance at the Police Station would result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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