Patna High Court
Bharat RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that, given the nature of the allegations and the petitioner’s extended pre‑trial detention, regular bail should be granted on furnishing a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Bharat Rai, was arrested in connection with a case of theft of a motorcycle, alleged under sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed that a stolen motorcycle was recovered from his possession, while the petitioner contended that no incriminating article was found and that he was falsely implicated due to his antecedents. He had been in custody since 25 August 2025 and a charge‑sheet had already been filed. The petitioner applied for regular bail, arguing that the prolonged pre‑trial detention violated his liberty. The court considered the nature of the allegations, the length of custody exceeding seven months, and the filing of the charge‑sheet, and concluded that bail was appropriate. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 despite the nature of the theft allegations
- Whether the petitioner’s prolonged pre‑trial detention of over seven months justifies the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
Subjects
- regular bail
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- section 303
- section 317
- theft of motor vehicle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17859 of 2026
Arising Out of PS. Case No.-518 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Bharat Rai Son of Harendra Rai Singh Resident of Village- Shilhowari PS
-Marhowrah Dist -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Yadav, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Marhowrah P.S. Case
no. 518 of 2025 registered under sections 303(2) and 317(2) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, a stolen motorcycle
was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from his possession. He has
been falsely implicated in the case because of his antecedents. He is
in custody since 25.8.2025 and chargesheet has been submitted in the
case.
5. The application for bail is opposed by learned APP
for the State.
Patna High Court CR. MISC. No.17859 of 2026(2) dt.25-03-2026
2/2
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR together with the petitioner having
remained in custody for over seven months since 25.8.2025 and
chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Marhowrah
P.S. Case no. 518 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Judicial Magistrate 1st Class, Saran,
Chapra.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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