Patna High Court
Ram Niwas Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners subject to strict conditions to ensure their cooperation and prevent tampering with evidence.
Summary
The petitioners, Ram Niwas Kumar Yadav and Krishna Kumar Chaudhary, were arrested in connection with a theft case (FIR dated 07.05.2025) under Section 303(2) of the Bihar Narcotic Substances Act, 2023, although they were not originally named in the FIR. During investigation a motorcycle was recovered from one petitioner and a chargesheet was filed, leading to their custody since 19.08.2025. The petitioners applied for bail, contending that they were not initially identified and that they have pending cases, one of which is already on bail. The State opposed bail, highlighting the pending case and alleged criminal antecedents. The Court granted bail on a bond of Rs.10,000 each with two sureties, imposing conditions regarding family surety, cooperation with trial, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directs the lower court to enforce these conditions and allows cancellation of bail for violations.
Issues considered
- Whether bail should be granted to the accused in a theft case under Section 303(2) of the Bihar Narcotic Substances Act, 2023 despite not being named in the FIR initially.
- Whether the existence of other pending criminal cases and alleged antecedents precludes the grant of bail.
- Whether the conditions imposed by the Court are sufficient to ensure the petitioners' compliance with the trial process.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 303(2)
Subjects
- bail
- theft
- Section 303(2)
- Bihar Narcotic Substances Act
- criminal antecedent
- high court order
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27282 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- KAJI MUHAMMADPUR District-
Muzaffarpur
======================================================
1. Ram Niwas Kumar Yadav S/O Bigu Ray
2. Krishna Kumar Chaudhary S/O Sanjay Kumar Chaudhary @ Sanjay
Chaudhary.
Both R/O Village- Laxmipur, P.S.- Gour, Distt.- Ranthaur, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suresh Prasad Bhakta, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-04-2026 Heard Mr.Suresh Prasad Bhakta, learned counsel for
the petitioners and Mr.Bhanu Pratap Singh,learned Additional
Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
19.08.2025 in connection with Kazimohamadpur P.S.Case
No.133 of 2025, FIR dated 07.05.2025 registered for the
offences punishable under Sections 303(2) of BNS, 2023.
3. The FIR of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioners submits that
petitioners are not named in the FIR. The name of the
petitioners has been transpired during investigation and it
Patna High Court CR. MISC. No.27282 of 2026(2) dt.21-04-2026
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appears from the seizure list that although the theft motorcycle
in question was not recovered from possession of the petitioner
but one motorcycle was recovered from possession of the
petitioner and the police, after investigation submitted the
chargesheet against the petitioners and the petitioners are in
custody since 19.08.2025 .
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioners and
submits that the petitioners carry two more cases other than the
present one but fairly submits that out of two cases, the
petitioners are on bail in one case and rest one case is pending
for consideration before the competent court of law, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand)each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate 1st East Muzaffarpur in connection with
Kazimohamadpur P.S.Case No.133 of 2025, with the following
conditions:-
(I) One of the bailors should be the family member of
the petitioners.
Patna High Court CR. MISC. No.27282 of 2026(2) dt.21-04-2026
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(II) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the Court
below.
(III) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Nitesh/-
U T
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