Patna High Court

Babloo KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, finding that his lack of antecedents and false implication warranted release on bond.

Summary

The petitioner, Babloo Kumar, applied for bail in a case (Raxaul PS Case No. 526 of 2025) involving offences under Sections 317(2), 317(4), 317(5), 11(2)(b) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a police raid recovered a stolen motorcycle and that the petitioner was identified through a co‑accused’s confessional statement, though his name does not appear in the FIR and no material was found on his person. The petitioner asserted that he has no prior criminal record, has been in custody since 11‑12‑2025, and is falsely implicated. The State opposed bail. The Court noted the petitioner’s lack of antecedents, the manner of his implication, and the fact that co‑accused had been granted bail, and therefore decided to grant bail on a bond of Rs. 15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.
Whether the petitioner’s implication is false and merits bail.
Whether the bail conditions imposed are appropriate in view of the co‑accused’s bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 11(2)(b), 317(2), 317(4), 317(5), 3(5)

Subjects

bail
criminal law
Bharatiya Nyaya Sanhita
false implication
motorcycle theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15889 of 2026
                   Arising Out of PS. Case No.-526 Year-2025 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Babloo Kumar son of Shyam Patel @ Shyam Raut R/O Village -Pantoka,
                 ward 18, P.S. -Hairaiya, Dist- East Champaran



                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Raxaul

                   P.S. Case No. 526 of 2025 instituted for the offence under

                   Sections 317(2), 317(4), 317(5), 11(2)(b) & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in brief, is that on receiving

                   secret information, the informant along with a police team

                   conducted a raid and apprehended two persons with a stolen

                   motorcycle, who disclosed the names of several accomplices

                   involved in stealing and selling motorcycles.
Patna High Court CR. MISC. No.15889 of 2026(2) dt.13-03-2026
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                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 11.12.2025. Petitioner

          bears no criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has transpired on the basis of confessional statement of co-

          accused. Nothing has been recovered from the conscious

          possession of the petitioner. Charge sheet has already been

          submitted in this case. Other co-accused have been granted bail

          by a Co-ordinate Bench of this Court, vide order dated

          26.02.2026 passed in Cr. Misc. No. 10782 of 2026.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, manner of

          petitioner’s implication and claim based on parity, this Court is

          inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.15889 of 2026(2) dt.13-03-2026
                                                       3/3




                     below/concerned Court in connection with Raxaul P.S. Case No.

                     526 of 2025.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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