Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties, after verifying his clean antecedent.
Summary
The petitioner, Rakesh Kumar, was arrested in connection with a case registered under Sections 303(2), 317(2), 317(5), 338, 336(3) and 340(2) of the B.N.S., with a stolen motorcycle recovered from him. He claimed innocence, asserted a clean antecedent, and had been in custody since 15 January 2026. The State opposed his regular bail application, while his counsel argued for release on bail. The Court, noting his clean antecedent and the length of custody, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to verification of his antecedent by the lower court. The order also stipulated that bail bonds would be accepted only after confirming his clean antecedent.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the B.N.S.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail
- Whether the conditions of bail (bond and sureties) are appropriate under the circumstances
Legislation cited
- B.N.S. — s. 303(2), 317(2), 317(5), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- clean antecedent
- theft
- motorcycle
- Sections 303, 317, 338, 336, 340
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21866 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- MAHESHKHUNT District- Khagaria
======================================================
Rakesh Kumar S/o Late Vakil Yadav R/o Village- Bhadlay, P.S.-
Maheshkhunt, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Ms.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Maheshkhunt P.S. Case No. 07/2026 registered for the offences
punishable under Sections 303(2), 317(2), 317(5), 338, 336(3),
340(2) of B.N.S.
3. As per the prosecution case, one stolen motorcycle
has been recovered from the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
clean antecedent and he is in custody since 15.01.2026. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.21866 of 2026(2) dt.07-04-2026
2/2
for regular bail of the petitioner.
6. Considering the clean antecedent of the petitioner
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Khagaria
/concerned Court below in connection with Maheshkhunt P.S.
Case No. 07/2026.
8. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
(Sandeep Kumar, J)
tusharika/-
U T
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