Patna High Court
MONU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Monu Kumar, applied for bail in a case (Singhaul P.S. Case No. 192 of 2025) involving alleged theft of an e‑rickshaw under Sections 310(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a group of persons stole the e‑rickshaw, but the petitioner was not named in the FIR and was implicated only on suspicion during investigation. The petitioner’s counsel argued that he was falsely implicated, was not identified in the test identification parade, and no incriminating article was found in his possession; the stolen e‑rickshaw was recovered from a co‑accused’s scrap shop. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody since 7 December 2025, and his single prior criminal antecedent, the Court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court. The bail was consequently granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner under Sections 310(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of alleged false implication and lack of direct evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 3(5)
Subjects
- bail
- false implication
- identification parade
- Bharatiya Nyaya Sanhita
- criminal procedure
- E‑rickshaw theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16395 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- Singhaul District- Begusarai
======================================================
MONU KUMAR S/o- Raka Kumar R/v- Gachchi Tola Ps- Town Dist-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, 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
Singhaul P.S. Case No. 192 of 2025 instituted for the offences
under Sections 310(2), 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that 4-5 persons stolen
the E-rickshaw of the informant.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation on the basis of
Patna High Court CR. MISC. No.16395 of 2026(2) dt.13-03-2026
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suspicion. No incriminating article has been recovered from the
conscious possession of the petitioner. Learned counsel further
submitted that the stolen E-rickshaw has been recovered from
the scrap shop of co-accused Arvind Kumar. Learned counsel
further submitted that petitioner was not identified by the
informant during test identification parade. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 07.12.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Singhaul P.S. Case
No. 192 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.16395 of 2026(2) dt.13-03-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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