Patna High Court
Bipin Kumar @ Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding insufficient direct evidence and undue custodial hardship.
Summary
The petitioner, Bipin Kumar, applied for bail in a case (Mohanpur P.S. Case No. 335 of 2025) involving alleged theft of two motorcycles under Sections 303(2) and 317(2) of the BNS. The prosecution alleged that unknown miscreants stole the motorcycles, while the petitioner’s name appeared only through a co‑accused’s confessional statement and no stolen property was found in his possession. The petitioner argued that he was falsely implicated, was not named in the FIR, and that a thorough investigation (T.I.P.) had not been conducted. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. Considering the lack of direct evidence, the petitioner’s prolonged custody since 26‑08‑2025, and the bail granted to a co‑accused in a related matter, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 303(2) and 317(2) of the BNS.
- Whether the absence of the petitioner’s name in the FIR and lack of recovered stolen property justify bail.
- Whether the pending T.I.P. investigation precludes the grant of bail.
Legislation cited
- BNS — s. 303(2), 317(2)
Subjects
- bail
- false implication
- theft of motor vehicle
- criminal procedure
- investigation
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2491 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- MOHANPUR District- Gaya
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Bipin Kumar @ Vipin Kumar S/O Niranjan Yadav @ Niranjan kumar R/O -
Suranga (Surungbigha), P.S- Fatehpur, Distt.- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yogesh Kumar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mohanpur P.S. Case No. 335 of 2025 instituted for the offences
under Sections 303(2), 317(2) of the BNS.
3. Prosecution case, in short, is that some unknown
miscreants have stolen two motorcycles from the informant’s
door.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused. No incriminating/looted article has been
recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.2491 of 2026(2) dt.22-01-2026
2/2
Learned counsel further submitted that petitioner has got no
concern with the stolen motorcycle. Learned counsel further
submitted that T.I.P. has not been conducted till date to ascertain
the involvement of the petitioner in the alleged offence.
Learned counsel for the petitioner further submits that other co-
accused Pappu Kumar @ Nanhaka has been granted bail by a
Co-ordinate Bench of this Court vide order dated 13.01.2026
passed in Cr. Misc. No. 90843 of 2025. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
26.08.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mohanpur P.S.
Case No. 335 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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