Patna High Court
Sagar Kumar @ LiliyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Sagar Kumar, was arrested in connection with a case involving alleged theft of bicycles and charged under several sections of the B.N.S. The police recovered two bicycles from the petitioner’s house and two from another suspect’s house, but no items were found in the petitioner’s possession. The petitioner argued that he was falsely implicated, that the seizure was conducted without compliance with Section 105 of the B.N.S.S., and that the case should be tried by a Judicial Magistrate. The State opposed bail, citing a prior criminal case. After hearing both sides, the Court granted bail on the condition of a Rs.10,000 bond with two sureties, directing compliance with the Chief Judicial Magistrate’s orders.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the B.N.S.
- Whether the police’s failure to comply with Section 105 of the B.N.S.S. affects the bail decision
- Whether the petitioner poses a flight risk or risk of tampering with evidence
Legislation cited
Subjects
- bail
- criminal procedure
- police seizure
- Section 105
- judicial custody
- B.N.S. offences
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16961 of 2026
Arising Out of PS. Case No.-678 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Sagar Kumar @ Liliya, S/o Anupam Kumar @ Anupam Kumar Agrawal, R/o
vill - Goraul, P.S.- Goraul, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Goraul P.S. Case No. 678 of 2025 registered for the offence
punishable under Sections 317(5), 318(4), 338, 336(3) and 3(5)
of B.N.S.
3. The case of the prosecution, in short, is that police
had information that one Pawan Kumar has kept stolen bikes at
his house. On this input, the house of Pawan Kumar was
searched. He was not found there but from his house, two bikes
were recovered. It is further alleged that from the house of this
petitioner also, two bikes were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.16961 of 2026(2) dt.16-03-2026
2/2
committed no offence. He has been falsely implicated in this
case. The recovery has been made from the joint house. Nothing
has been recovered from his possession. The witnesses of the
seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. It has also been submitted that this
case is triable by Learned Judicial Magistrate First Class.
Petitioner is languishing in judicial custody since 21.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Vaishali, Hajipur in connection with Goraul
P.S. Case No. 678 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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