Patna High Court
Jay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, directing release on bond with attendance conditions.
Summary
The petitioner, Jay Kumar, was arrested in connection with a case registered under Sections 303(2) and 317(2) of the BNS, alleged to involve a stolen motorcycle recovered from him. He had been in custody since 20 January 2026 and claimed that he was falsely implicated. The petitioner’s counsel argued for bail, emphasizing his innocence and the lack of substantive evidence. The Court, after hearing the parties, granted bail on a bond of Rs.10,000 with two sureties of the same amount, subject to the condition that the petitioner attend the police station every Sunday of each month. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 303(2) and 317(2) of the BNS pending trial
Legislation cited
- BNS — s. 303(2), 317(2)
Subjects
- bail
- criminal procedure
- Sections 303(2)
- Sections 317(2)
- false implication
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27545 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- BIHTA District- Patna
======================================================
Jay Kumar S/o Vakil Ray @ Vakil Rai R/o Kanhauli, PS - Bihta, District -
Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindu Kumari
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bihta P.S. Case No. 63 of 2026 registered for the offence under
Sections 303(2), 317(2) of the BNS.
3. As per the prosecution case, one stolen
motorcycle is said to have been recovered from the petitioner.
4. The petitioner is in custody since 20.01.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.27545 of 2026(2) dt.28-04-2026
2/2
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Bihta P.S. Case
No. 63 of 2026.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at Bihta
Police Station on every Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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