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Patna High Court

Rajnish AnandversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail should be granted, subject to conditions, despite the charges and prior antecedent.

Summary

The petitioner, Rajnish Anand, was arrested in September 2025 in connection with a theft of a mobile phone and charged under Sections 303(2) and 317(5) of the B.N.S. He applied for regular bail, claiming innocence despite having one prior criminal antecedent. The prosecution opposed the bail, arguing the seriousness of the offences and the period of custody. The court examined the allegations, the petitioner’s willingness to cooperate, and the fact that he had been in custody for several months. Considering these factors, the court granted regular bail with a cash bond of Rs. 10,000 and two sureties, imposing conditions that the bailors be blood relatives and that the petitioner report to the police station every Sunday. The bail order was made subject to cancellation if the petitioner defaults on the attendance condition.

Issues considered

  • What is the appropriate discretion of the court in granting regular bail to an accused charged under Sections 303(2) and 317(5) of the B.N.S.?
  • Whether the petitioner’s prior criminal antecedent and the nature of the alleged theft preclude the grant of bail?

Legislation cited

Subjects

  • bail
  • regular bail
  • theft
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17473 of 2026
                    Arising Out of PS. Case No.-166 Year-2025 Thana- BHAGALPUR RAIL P.S. District-
                                                        Bhagalpur
                 ======================================================
                 Rajnish Anand S/o Paritosh Chandra Ghosh R/o Village- Gangdauri, P.S-
                 Dhoraiya, District-Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with GRP

                   P.S. Case No. 166/2025 registered for the offences punishable

                   under Sections 303(2), 317(5) of the B.N.S.

                                3. As per the prosecution case, petitioner is accused of

                   committing theft of a mobile phone.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that petitioner has

                   one criminal antecedent and he is in custody since 20.09.2025.

                   The petitioner undertakes to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.17473 of 2026(2) dt.16-03-2026
                                                          2/2




                        for regular bail of the petitioner.

                                     6. Considering the allegations levelled against the

                        petitioner and the period of custody, this application for regular

                        bail is allowed.

                                     7. Accordingly, 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 Addl. Sessions Judge – XVI,

                        Bhagalpur concerned Court below in connection with Session

                        Trial No. 07/2026 (arising out of GRP P.S. Case No. 166/2025)

                        subject to the conditions:-

                                                (i) Both the bailors shall be blood relatives of
                                        the petitioner.
                                                (ii) The petitioner after being released on bail, is

                                directed to mark his attendance at Dhoraiya Police Station,

                                District- Banka on every Sunday of the month. Any default in

                                appearance at the Police Station will result in cancellation of

                                bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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