Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Akhilesh Kumar, was arrested with a motorcycle suspected to be stolen and charged under Sections 303(2), 317(5), 317(2) and 336(3) of the B.N.S. He claimed innocence, stating he had been falsely implicated and was already on bail in a related theft case. The petitioner, who has two prior criminal antecedents, had been in custody since 19 September 2025 and sought regular bail, offering to cooperate with the trial. The State opposed the bail application. The Court considered the facts, the nature of the offences, the petitioner’s antecedents, and his willingness to appear before the court. It ordered that bail be granted on a bond of Rs.10,000 with two sureties of the same amount, subject to the condition of physical presence before the lower court on every date, failing which the bail may be cancelled. The application for bail was allowed.
Issues considered
- Whether regular bail should be granted to the petitioner charged under Sections 303(2), 317(5), 317(2) and 336(3) of the B.N.S. despite his prior criminal antecedents and custody since 19‑09‑2025?
Legislation cited
- B.N.S. — s. 303(2), 317(2), 317(5), 336(3)
Subjects
- regular bail
- criminal antecedents
- theft of motor vehicle
- B.N.S.
- Sections 303, 317, 336
- Bihar High Court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19022 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- Tilkamanjhi District- Bhagalpur
======================================================
Akhilesh Kumar S/o Bipin Yadav R/o Village- Ramnagar Colony, Mahadeo
Tola, P.S- Babarganj, Dist- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Das, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Tilkamanjhi P.S. Case
No. 213 of 2025 registered for the offences punishable under
Sections 303(2), 317(5), 317(2) and 336(3) of the B.N.S.
3. As per the prosecution case, the petitioner was
apprehended with one motorcycle which was suspected to be a
stolen one.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It is further submitted that although a case regarding
theft of the motorcycle was registered and petitioner was
subsequently made accused but he is on bail in this case. It is
Patna High Court CR. MISC. No.19022 of 2026(2) dt.25-03-2026
2/2
lastly been submitted that the petitioner has two criminal
antecedents, is in custody since 19.09.2025 and he undertakes to
cooperate in the trial.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Bhagalpur, in connection with
Tilkamanjhi P.S. Case No. 213 of 2025.
7. The application stands allowed.
8. The petitioner is directed to remain physically
present before the learned Court below on each and every date,
failure on two consecutive dates without reasonable cause, the
bail bonds of the petitioner would be liable to be cancelled.
(Praveen Kumar, J)
Jyoti/-
U T
Checking your session…