Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 3(5)
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
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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/-
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