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Patna High Court

Roshan Kumar @ Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 10,000 and specified conditions.

Summary

Roshan Kumar was arrested on 9 November 2025 in connection with a FIR alleging that he was caught with a stolen motorcycle, offences punishable under Sections 303(2) and 317(2) of the BNS. The petitioner contended that the FIR was fabricated, that the motorcycle was recovered near him and not from his possession, and that the charge was based merely on suspicion. The State opposed bail, noting that the motorcycle had been recovered from the petitioner and that he had another pending case, though he was on bail in that matter. The Court examined the material and, despite the seriousness of the allegations, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, personal appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The order directed that bail could be cancelled if any condition was breached.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 303(2) and 317(2) of the BNS despite the seriousness of the alleged theft of a motorcycle.
  • Whether the alleged recovery of the motorcycle from the accused’s possession justifies denial of bail.

Legislation cited

  • BNS — s. 303(2), 317(2)

Subjects

  • bail
  • criminal procedure
  • theft of motor vehicle
  • Section 303(2) BNS
  • Section 317(2) BNS
  • conditions of bail
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18587 of 2026
                  Arising Out of PS. Case No.-476 Year-2025 Thana- PATNA CITY CHOWK District- Patna
                 ======================================================
                 Roshan Kumar @ Raushan Kumar S/O Late Sunil Giri R/V - Kaimashikoh
                 Kauhakoh,P.S- Chowk, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajeev Kumar Ambastha, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                    Heard Mr.Rajeev Kumar Ambastha, learned counsel

                   for the petitioner and Mr.Sanjay Kumar Singh, learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   09.11.2025 in connection with Chowk P.S. Case No. 476 of

                   2025, F.I.R. dated 09.11.2025 registered for the offence

                   punishable under Sections 303(2),317(2) of BNS.

                                3. Allegation against the petitioner is that he was

                   apprehended with stolen motorcycle while he was carrying it

                   away.

                                4. Learned counsel for the petitioner submits that the

                   allegation as alleged in the FIR is false and fabricated and the

                   petitioner has not committed any offence as alleged in the FIR.

                   From a bare perusal of the FIR it appears that nothing has been
Patna High Court CR. MISC. No.18587 of 2026(2) dt.24-03-2026
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          recovered from conscious possession of the petitioner rather the

          recovery has been made near the petitioner and petitioner has

          been made accused in the present case merely on the basis of

          suspicion and the police, after investigation, submitted the

          chargesheet against the petitioner and the petitioner is in custody

          since 09.11.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries one more case other than the present one but

          fairly submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition, apart from that, the

          motorcycle in question has been recovered from possession of

          the petitioner.

                       6. Considering the aforesaid facts, 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 learned A.C.J.M.-VI, Patna City in

          connection with Chowk P.S. Case No. 476 of 2025,with the

          following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and
               Patna High Court CR. MISC. No.18587 of 2026(2) dt.24-03-2026
                                                           3/3




                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her 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)
Nitesh/-

U          T


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