Patna High Court
Tufani RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Tufani Ray, applied for regular bail in a case registered as Bihta P.S. Case No. 569 of 2025, alleging theft of a motorcycle under Section 303(2) of the B.N.S. The prosecution alleged that the motorcycle, registered in the informant's wife's name, was stolen, and the recovered vehicle was found in the petitioner’s possession. The petitioner claimed innocence, stating he was not identified as the thief, that the motorcycle belonged to him, and that he had been in custody since 25‑08‑2025 while the charge‑sheet had already been filed. The State opposed the bail, but the court, after reviewing the record, found no substantive reason to deny bail. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail in a theft case under Section 303(2) of the B.N.S.
- Whether the petitioner’s claim of non‑identification and ownership of the recovered motorcycle justifies granting bail
Legislation cited
- B.N.S. — s. 303(2)
Subjects
- regular bail
- theft
- motorcycle
- Section 303(2) B.N.S.
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23461 of 2026
Arising Out of PS. Case No.-569 Year-2025 Thana- BIHTA District- Patna
======================================================
Tufani Ray Son of Fudina Ray @ Phudena Ray R/O Vill.- Ram Sagar, P.S.-
Barhara, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam Aniket, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bihta P.S. Case No. 569
of 2025 dated 14.07.2025 registered for the offences punishable
under Sections 303(2) of B.N.S.
3. As per the prosecution case, the informant has
alleged that a motorcycle, which was standing in the name of his
wife, was stolen from the market when it was parked.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that petitioner is not named
in this case. It has further been submitted that petitioner was not
identified as the person who was committing theft of the
Patna High Court CR. MISC. No.23461 of 2026(3) dt.07-05-2026
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motorcycle. Learned counsel for the petitioner has further
submitted that petitioner is in custody since 25.08.2025 and the
case is triable by the learned Magistrate. Learned counsel for the
petitioner has further submitted that charge-sheet has been
submitted in this case and the motorcycle, which was recovered
from the petitioner, belongs to the petitioner. It has further been
submitted that although petitioner has been made accused in
some other cases but he is on bail except one case.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the aforesaid facts and circumstances
of the case, the petitioner above-named is directed to be
enlarged 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 Court concerned, Danapur in connection
with Bihta P.S. Case No. 569 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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