Patna High Court
Naresh Kumar @ Naresh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to bail as his alleged involvement is limited to ownership of the motorcycle and no direct participation in the offence.
Summary
The petitioner, Naresh Kumar, was implicated in a robbery case (PS Case No 403/2024) on the basis that his motorcycle was used by co‑accused Rakesh Kumar during the alleged offence. The co‑accused was apprehended by villagers who also produced a country‑made pistol and live cartridges, indicating a private‑person arrest. The petitioner argued that he merely owned the motorcycle, which had been lent to Rakesh Kumar for a personal errand, and that he had a clean antecedent. The State opposed bail, contending the seriousness of the offences under Sections 309(5) BNS and 25(1‑B), 26, 35 of the Arms Act. The Court examined the prima‑facie evidence and noted that the petitioner’s alleged involvement was limited to ownership of the vehicle, with no direct participation in the crime. Accordingly, the Court exercised its inherent power under Section 482(2) of the BNSS and ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties. The order is subject to the usual conditions of bail and the pending trial in the lower court.
Issues considered
- Whether the petitioner is entitled to bail when the only alleged link to the offence is ownership of the vehicle used in the crime
- Whether the Court can exercise its inherent powers under Section 482(2) of the BNSS to grant bail in a case involving offences under the Arms Act
Legislation cited
- Arms Act — s. 25(1‑B), 26, 35
Subjects
- bail
- Arms Act
- private‑person arrest
- ownership of vehicle
- Section 482(2) inherent powers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19150 of 2026
Arising Out of PS. Case No.-403 Year-2024 Thana- CHHATAPUR District- Supaul
======================================================
Naresh Kumar @ Naresh Yadav Son of Late Saburi Yadav Resident of
Raghuniya, Ward No.- 7, P.S.- Kumarkhand, District – Madhepura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinesh Prasad Verma, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The accused/petitioner apprehending his
arrest in connection with Chatapur P.S. Case No. 403
of 2024 registered for the offences punishable under
Sections 309(5) BNS and 25(1-B) a/26/35 of Arms Act.
3. It is alleged that petitioner alongwith other
co-accused persons made an attempt to commit
robbery upon the informant when during the course of
occurrence, with the help of co-villagers, one of the co-
accused was apprehended, whereas the rest of two
accused persons fled away. Petitioner implicated with
this case for the reason that motorcycle of petitioner
bearing registration no. BR-50L-7371 was used with
crime in question.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that during the
Patna High Court CR. MISC. No.19150 of 2026(2) dt.31-03-2026
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occurrence, co-accused namely Rakesh Kumar was
apprehended by co-villager and a country made pistol
and two live cartridges were also produced by the
informant and others before the police. It is a case of
arrest by private persons. It is submitted that merely
being owner of motorcycle as mentioned aforesaid,
which was given to Rakesh Kumar who is cousin son-in-
law of the petitioner, the petitioner was implicated. It
was given on pretext of taking medicine for her ailing
mother. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and
by taking note of fact as prima facie a country made
pistol and live cartridges appears to be produced by
private persons, where implication of this petitioner
appears only being registered owner of the motorcycle
as alleged to be involved with crime in question,
accordingly, above named petitioner, in the event of
his arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed
to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Supaul/concerned Court,
Patna High Court CR. MISC. No.19150 of 2026(2) dt.31-03-2026
3/3
where the case is pending in connection with Chatapur
P.S. Case No. 403 of 2024 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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