Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 303(2)
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
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