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Patna High Court

Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to monetary surety and specific conditions, finding no sufficient ground to deny bail.

Summary

The petitioner, Raj Kumar, was arrested on 8 January 2026 for alleged involvement in the theft of a Hero Splendor motorcycle, which was seized by police and identified as stolen property belonging to Sushil Yadav. He was charged under Sections 303(2), 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, and has been in custody since 9 January 2026 without any prior criminal record. The petitioner contended that he was falsely implicated and highlighted that a co‑accused, Krishnakant Kumar, had already been granted bail by the lower court. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions and the fact that the charge‑sheet had been filed, the court ordered the release of the petitioner on bail with a cash bond of Rs.10,000 and two sureties, imposing conditions regarding trial attendance, surety affiliation, and non‑tampering with evidence. The bail was granted subject to these conditions and the possibility of cancellation for non‑compliance.

Issues considered

  • Whether the petitioner is entitled to bail despite the charges of theft and related offences under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s lack of prior criminal antecedents and the grant of bail to a co‑accused justify bail in this case.

Legislation cited

Subjects

  • bail
  • theft
  • stolen vehicle
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • pre‑trial detention
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19551 of 2026
                       Arising Out of PS. Case No.-8 Year-2026 Thana- JALALGARH District- Purnia
                 ======================================================
                 Raj Kumar, Son of Anant Lal Sah, R/o Village - Matiyari, P.S. - Raniganj,
                 Dist. - Araria.
                                                                        ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Jalalgarh P.S. Case No. 08 of 2026 dated 08.01.2026 instituted

                   for the offence punishable under Sections 303(2), 317(2), 3(5)

                   of the Bhartiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, that the informant

                   along with police personnel, apprehended two accused persons

                   including the petitioner and a Hero Splendor motorcycle without

                   number plate. On enquiry, they disclosed that the said

                   motorcycle is stolen, which belongs to one Sushil Yadav. The

                   police seized the said motorcyle which Reg. No. is BR38L5619.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.19551 of 2026(3) dt.13-05-2026
                                            2/3




          case. Learned counsel for the petitioner further submits that

          other apprehended person, namely, Krishnakant Kumar has been

          granted bail by the learned lower court itself on 04.04.2026 vide

          Bail Petition No. 301 of 2026. Lastly, it has been submitted that

          the petitioner is in custody since 09.01.2026 having no criminal

          antecedents. Charge-sheet has been submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned J. M. 1st Class, Purnea in

          connection with Jalalgarh P.S. Case No. 08 of 2026, subject to

          the following conditions:-

                          1. Petitioner shall co-operate in the trial and shall

                          be properly represented on each and every date

                          fixed by the Court and on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his
           Patna High Court CR. MISC. No.19551 of 2026(3) dt.13-05-2026
                                                       3/3




                                     wife.

                                     3. The bailor shall also state on affidavit that he

                                     will inform the court concerned if the petitioner is

                                     made accused in any other case of similar nature

                                     after his release in the present case and thereafter

                                     the court below will be at liberty to initiate the

                                     proceeding for cancellation of bail on ground of

                                     misuse.

                                     4. If the petitioner tampers with the evidence or the

                                     witnesses, in that case, the prosecution will be at

                                     liberty to move for cancellation of bail.


                                                                  (Khatim Reza, J)

premchand/-

U      T


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