Patna High Court
Kumar NirajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, directing the petitioner’s release on bail subject to the stipulated conditions.
Summary
Kumar Niraj was arrested for driving a stolen vehicle and transporting illicit liquor on behalf of Bulli Chauhan and Arun Kumar Yadav, offences charged under Sections 318(4), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. He had been in custody since 14‑01‑2026 and asserted a clean antecedent. The petitioner offered to donate Rs 25,000 to a charitable organization and provided surety bonds, while the State opposed the bail. The court examined the nature of the offences, the period of custody and the petitioner’s undertakings, and concluded that bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a Rs 10,000 bond with two sureties and complying with conditions of donation, monthly police‑station attendance and verification of antecedents, with the order expressly limited to the bail application.
Issues considered
- Whether bail should be granted for offences punishable under Sections 318(4), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed – charitable donation, regular police‑station attendance and antecedent verification – are permissible under law.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- stolen vehicle
- illicit liquor
- surety bond
- charitable donation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19927 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- MADANPUR District- Aurangabad
======================================================
Kumar Niraj S/o- Sanjay Singh @ Sanjay Kumar R/v- Imamganj Ps- Obra
Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
Ms. Leelawati Kumari, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Madanpur P.S. Case No. 05 of
2026, registered for offences punishable under Sections 318(4),
336(3), 338, 340(2), 61(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The allegation against the petitioner is that he drove
a stolen vehicle, transported illicit liquor on behalf of Bulli
Chauhan and Arun Kumar Yadav, and received payment of Rs.
5,000 per trip for this activity. The petitioner is in custody since
14.01.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.19927 of 2026(2) dt.01-04-2026
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petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Madanpur P.S. Case
No. 05 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar
and shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
ii). The petitioner shall mark his
attendance at Obra Police Station on every Sunday
of each month. In the event of default, the bail
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bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
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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