Patna High Court
Nitin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Petitioner Nitin Kumar was arrested on 31‑12‑2025 in connection with a case involving the alleged theft of motorcycle parts, number plates and a motorcycle, charged under several IPC sections and the Bihar Narcotic Substances Act. He contended that the recovery was made from his repair shop and that he was implicated merely on suspicion, asserting his innocence. The State opposed bail, noting that the petitioner has two other pending cases. The Court examined the facts, the nature of the offences and the petitioner’s claim of false implication, and decided to grant bail on a cash bond of Rs.10,000 with two sureties. Bail was conditioned on the petitioner’s cooperation with the trial, regular appearance, non‑tampering with evidence or witnesses, and full disclosure of any criminal antecedents. The order directed that the bail bond not be delayed for verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and the presence of multiple charges.
- Whether mere suspicion and recovery of stolen items from the petitioner’s shop justify continued custody.
- Whether the petitioner’s other pending cases affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 111
- Code of Criminal Procedure, 1973 — s. 61
- Indian Penal Code — s. 317, 336, 338, 340
Subjects
- bail
- criminal procedure
- IPC sections
- theft of motor vehicle parts
- suspicion
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16158 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- KUDHNI District- Muzaffarpur
======================================================
Nitin Kumar S/O Dilip Kumar Singh R/O Vill.- Chandrahatti, P.S- Kurhni,
Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Manoj Kumar, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
31.12.2025, in connection with Kurhani P.S. Case No. 193 of
2025, F.I.R. dated 31.12.2025 registered for the offences
punishable under Sections 317(5), 338, 336(3), 340(2), 61(2)
and 111 B.N.S.
3. The case relates to recovery of several motorcycle
parts, number plates and one motorcycle from the repaid shop of
the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.16158 of 2026(2) dt.12-03-2026
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as well as seizure list that recovery has been made from the
motorcycle reparing shop of the petitioner from which a number
of plates, engine, oil tanks etc. have been recovered and
petitioner has been made accused merely on the basis of
suspicion and the petitioner is in custody since 31.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
other than the present one.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. 1st (West), Muzaffarpur in connection with
Kurhani P.S. Case No. 193 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
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witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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