Created by Fuzzy Cloud

Patna High Court

Tufani RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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


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.