Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to strict conditions, despite the nature of the offence and prior antecedents.
Summary
The petitioner, Rajeev Kumar, was arrested on 2 October 2025 in connection with a theft alleged to have occurred on 10 July 2025, for which he was charged under Sections 303(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. He applied for bail, claiming innocence and alleging that the FIR was filed after an undue delay of two months and was fabricated. The prosecution opposed bail, highlighting four prior criminal antecedents of a similar nature, though noting the petitioner was already on bail in those matters. The court examined the delay in filing the FIR, the nature of the offences, and the petitioner’s criminal record. Considering the circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order emphasized that bail should not be delayed for verification of antecedents but may be cancelled if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner under Sections 303(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023 despite the seriousness of the alleged theft.
- Whether the two‑month delay in lodging the FIR affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 303(2), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- theft
- criminal antecedent
- FIR delay
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18452 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- SOHSARAI District- Nalanda
======================================================
Rajeev Kumar S/O Chandu Mistry @ Chantu Mistry R/O Village- Mansur
Nagar, P.S- Sohsarai, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Satya Prakash, learned counsel for the
petitioner and Mr. Prem Kumar Jha, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.10.2025 in connection with Sohsarai P.S. Case No. 292 of
2025, F.I.R. dated 26.09.2025 for the offences punishable under
Section 303(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. The case of the prosecution is that the petitioner
along with other co-accused persons committed theft in
Marriage Hall of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.18452 of 2026(2) dt.24-03-2026
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committed any offences as alleged in the F.I.R. It appears from
the FIR that date of the occurrence was on 10.07.2025 and the
informant came to know about the occurrence on 11.07.2025 but
the FIR was lodge on 26.09.2025 i.e. after delay of about two
months. Although on the basis of confessional statement of the
petitioner one motor of Crompton company no.463495 has been
recovered. He further submits that the police after investigation
submitted the charge sheet against the petitioner. The petitioner
is in custody since 02.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned J.M.-1st
Class, Nalanda in connection with Sohsarai P.S. Case No. 292 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Suruchi/-
U T
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