Created by Fuzzy Cloud

Patna High Court

Ashok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the court found no material evidence directly linking the petitioner to the offence and considered the observations to be prima facie.

Summary

The petitioner, Ashok Kumar, applied for bail in a case (PS Nawada Case No. 1353/2025) where he is accused of theft of a motorcycle under Section 303(2) of the B.N.S. The prosecution alleges his involvement, citing a confessional statement of a co-accused, while the petitioner claims innocence, stating he is not named in the FIR and no material has been recovered from his possession. He has been in custody since 27 January 2026 and possesses two prior criminal antecedents. The defense argued that the evidence against him is weak and that the bail application should be entertained. The court, after hearing both sides, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to appear at the police station monthly, noting that the observations are prima facie and not a determination on the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 303(2) of the B.N.S. considering the nature of the offence and the petitioner’s prior criminal antecedents
  • Whether the confessional statement of the co-accused suffices to justify denial of bail in the absence of material recovered from the petitioner

Legislation cited

Subjects

  • bail
  • Section 303(2)
  • theft
  • criminal antecedents
  • surety
  • police appearance
  • prima facie observation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19168 of 2026
                      Arising Out of PS. Case No.-1353 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 Ashok Kumar S/o Ramdeo Chaudhary R/o Village - Mohanpur Tola Gajalpur,
                 P.S - Akbarpur, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Sinha, Advocate
                                                 Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :      Mr. Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Nawada (Town) P.S. Case No. 1353/2025 dated 28.12.2025 for

                   the offences punishable under Section 303(2) of the B.N.S.

                                 3. As per the prosecution case, the petitioner is

                   accused of committing theft of a motorcycle.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case and he is in custody since 27.01.2026 and has two criminal

                   antecedents. Nothing has been recovered from the conscious

                   possession of the petitioner. The petitioner is not named in the

                   FIR. The name of the petitioner has transpired in the

                   confessional statement of the co-accused, Ajay Kumar Singh.

                                 5. Learned APP appearing for the State opposed the
            Patna High Court CR. MISC. No.19168 of 2026(3) dt.10-04-2026
                                                        2/2




                      prayer for bail of the petitioner.

                                   6. Considering the aforesaid facts, this application is

                      allowed.

                                   7. 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 Court below where the case is pending/successor Court

                      in connection with Nawada (Town) P.S. Case No. 1353/2025,

                      subject to condition that:

                                                          (i). The petitioner will mark his
                                              attendance at the Akbarpur Police Station on
                                              the first Sunday of each month. Any default
                                              in appearance at the Police Station would
                                              result in cancellation of bail bond of the
                                              petitioner.
                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.