Patna High Court
Abhiranjan Kumar @ Chhotu KumarversusSon of Bansidhar Tahkur
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail.
Summary
The petitioner, Abhiranjan Kumar, was arrested in connection with a theft case (Pirpainti P.S. Case No. 451 of 2025) alleged under Section 309(4) and Section 317(2) of the B.N.S., 2023. The prosecution claimed that the petitioner recovered a stolen motorcycle and mobile, and that a confessional statement was recorded by police. The petitioner contended that he was falsely implicated, that the bike was actually recovered from another accused, and that he has no prior criminal record; he also pointed out that co‑accused persons had already been granted bail. The State opposed the bail application. After hearing both sides, the court considered the lack of antecedent, the circumstances of the investigation, and the precedent of bail to co‑accused, and decided to grant bail on condition of a bond and sureties. Consequently, the petitioner was ordered to be released on bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under the circumstances of the case.
- Whether the allegations under Sections 309(4) and 317(2) of the B.N.S., 2023 establish a prima facie case justifying denial of bail.
Legislation cited
- B.N.S., 2023 — s. 309(4), 317(2)
Subjects
- bail
- criminal procedure
- theft
- false implication
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22033 of 2026
Arising Out of PS. Case No.-451 Year-2025 Thana- PIRPAINTI District- Bhagalpur
======================================================
Abhiranjan Kumar @ Chhotu Kumar Son of Bansidhar Thakur r/o -
Makarandpur, P.S. - Pirpainti, Dist. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Pirpainti P.S. Case No. 451 of 2025 registered for the
offence punishable under Section 309(4) and added Section
317(2) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
informant, along with one Dharmendra Pahadi was going to
the house of the sister of Dharmendra Pahadi in the village of
Badgama Pahari with a Passion Pro Hero Motorcycle bearing
Regd. No. BR 10AO 2743 and while they were returning,
unknown miscreants snatched the bike and mobile.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.22033 of 2026(2) dt.17-04-2026
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committed no offence. He has been falsely implicated in this
case. He also submits that the FIR was lodged against
unknown miscreants. During the course of investigation, this
petitioner was apprehended and he has given his confessional
statement before the police. Police alleges that the bike was
recovered from the possession of this petitioner but actually
the bike was recovered from the possession of Dharmendra
Kumar and the said bike belongs to him. It is not the subject
matter of this offence. It has also been submitted that other co-
accused persons have already been granted bail by this court
vide Cr. Misc. No. 13747 of 2026. A statement has been made
in para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody
since 25.11.2025.
5. The application for bail is opposed by learned APP
for the State.
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 CJM,
Patna High Court CR. MISC. No.22033 of 2026(2) dt.17-04-2026
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Bhagalpur in connection with Pirpainti P.S. Case No. 451 of
2025.
(Ashok Kumar Pandey, J)
shubham/-
U T
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