Patna High Court
Roshan Kumar @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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