Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Raju Kumar, was arrested in connection with Bypass P.S. Case No. 581 of 2025 for an alleged offence under Section 304 of the B.N.S., 2023, involving the alleged snatching of a mobile phone and a bike. He contended that he was falsely implicated, that no incriminating material was recovered from his possession, and that the co‑accused’s confessional statement did not mention him. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the Court noted the lack of direct evidence linking the petitioner to the stolen items and considered the circumstances of his prolonged pre‑trial detention. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under Section 304 of the B.N.S., 2023
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- B.N.S., 2023 — s. 304
Subjects
- bail
- criminal procedure
- Section 304
- theft
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20573 of 2026
Arising Out of PS. Case No.-581 Year-2025 Thana- BYPASS District- Patna
======================================================
Raju Kumar Son of Munna Rai Resident of village - Sabalpur - Fatehjangpur,
P.S.- Nadi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bypass P.S. Case No. 581 of 2025 registered for the
offence punishable under Section 304 of the B.N.S., 2023.
3. The case of the prosecution, in short, is that two
persons have snatched the mobile and bike of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the seizure list, it will
transpire that from the possession of one Pawan Kumar, mobile
was recovered and the bike was recovered from the possession
of one Manjeet Kumar. He also submits that the name of this
Patna High Court CR. MISC. No.20573 of 2026(2) dt.31-03-2026
2/2
petitioner has surfaced in the confessional statement of co-
accused. Nothing has been recovered from the possession of this
petitioner. Moreover, the petitioner is languishing in judicial
custody since 28.11.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, First Class, Patna City in connection with Bypass
P.S. Case No. 581 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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