Patna High Court
Raju Kumar @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 305(c), 317(5)
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
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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
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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
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