Patna High Court
Niraj Singh @ Niraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioners.
Summary
The petitioners, Niraj Singh and Rohit, were arrested in connection with a motorcycle theft gang and charged under multiple sections of the Bharatiya Nyaya Sanhita. Police recovered a motorcycle, a master key and mobile phones from the petitioners. They have been in custody since 6 January 2026 and possess four prior criminal antecedents. The petitioners applied for bail, arguing that they were merely gang members. The court examined the seriousness of the offences, the recovered stolen property, and the petitioners’ criminal history, and concluded that bail was not appropriate. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the accused persons charged under Sections 303(2), 317(2), 317(4), 317(5), 338, 336(3), 111(4), 111(5), 111(7) and 3(5) of the Bharatiya Nyaya Sanhita, considering the nature of the alleged gang‑related motorcycle theft and their prior criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111(4), 111(5), 111(7), 303(2), 317(2), 317(4), 317(5), 336(3), 338, 3(5)
Subjects
- bail
- criminal procedure
- motorcycle theft
- gang offence
- Bharatiya Nyaya Sanhita
- antecedents
- court denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19214 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Champanagar District- Purnia
======================================================
1. Niraj Singh @ Niraj Kumar Singh Son of Ajay Singh Resident of village-
Mill Chowk ward no. 3, Basaithi, Ps- Bausi District -Araria
2. Rohit @ Rehan @ Abu sale @ Rohid Ansari @ Rohit Rehan @ Rohit
Kumar son of Babul Ansari Resident of village- Behind the Bause Thana
Ward no. 8, Ps- Bausi, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avnish Kumar, Advocate
For the State : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Champanagar P.S. Case No. 05 of 2026 registered for the
offence punishable under Sections 303(2), 317(2), 317(4),
317(5), 338, 336(3), 111(4), 111(5), 111(7) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. One Raja was caught by the police. He confessed
before the police that he is a member of the gang which is
specialized in motorcycle theft and the leader of the gang was
one Vishwajeet. The petitioners have been named as the gang
members involved in the theft of the motorcycle. The petitioners
Patna High Court CR. MISC. No.19214 of 2026(2) dt.25-03-2026
2/2
have been caught and from petitioner no. 1, one motorcycle, one
master key and mobile phone were recovered and from
petitioner no. 2 mobile phones were recovered.
4. The petitioners are in custody since 06.01.2026
having four criminal antecedents also.
5. Considering the fact that the petitioners are the
member of a gang which is involved in motorcycle theft and the
materials available on record as well as the antecedent of the
petitioners, I am not inclined to grant bail to the petitioners.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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