Created by Fuzzy Cloud

Patna High Court

Raju Kumar @ Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond and specific conditions.

Summary

The petitioner, Raju Kumar, was arrested on 6 September 2025 in connection with a theft case (Saharsa Rail P.S. Case No. 56 of 2025) under Sections 305(c) and 317(5) of the B.N.S., alleged to have handed over a stolen bag to another person. He contended that he was falsely implicated and that the charge‑sheet was based merely on suspicion, while the State highlighted six other similar pending cases against him, though he was on bail in those matters. The learned Additional Public Prosecutor opposed bail, citing the petitioner’s alleged criminal antecedents. The Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation with the trial, presence in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order directed that any violation of the conditions could lead to cancellation of the bond.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 305(c) and 317(5) of the B.N.S. considering the nature of the offence and the petitioner’s alleged criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • stolen property
  • B.N.S. Sections 305(c) 317(5)
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2194 of 2026
                  Arising Out of PS. Case No.-56 Year-2025 Thana- SAHARSA RAIL P.S District- Khagaria
                 ======================================================
                 Raju Kumar @ Raja Kumar Son of Late Kamleshwari Bhagat @ Kamal
                 Kishore Bhagat Resident of Village- Batraha, Bhartiya Nagar, Ward No. 35,
                 P.S.- Saharsa, District- Saharsa

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ranjeet Kumar Singh, Advocate
                 For the State           :        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   27-01-2026                    Heard Mr. Ranjeet Kumar Singh, learned counsel for

                   the petitioner and Mr. Raj Kishor Singh, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   06.09.2025, in connection with Saharsa Rail P.S. Case No. 56 of

                   2025, G.R. (R) No. 111 of 2025, F.I.R. dated 06.09.2025

                   registered for the offences punishable under Sections 305(c ),

                   317(5) of the B.N.S.

                                 3. Allegation against the petitioner is that he handed

                   over the stolen bag to the another person.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.2194 of 2026(3) dt.27-01-2026
                                            2/3




          that the petitioner has tried to commit crime but he was

          apprehended at the place of occurrence. As per allegation, the

          petitioner was handed over the bag in question by the other

          person and petitioner has been made accused on the basis of

          suspicion      and     the    police     after      investigation    submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 06.09.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                         bail of the

          petitioner and submits that the petitioner carries six more cases

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the petition that the petitioner is on

          bail in the pending matters.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Railway Judicial Magistrate, Khagaria in connection

          with Saharsa Rail P.S. Case No. 56 of 2025, G.R. (R) No. 111 of

          2025, 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
               Patna High Court CR. MISC. No.2194 of 2026(3) dt.27-01-2026
                                                           3/3




                         and shall remain physically present as directed 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) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.