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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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