Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail may be granted in a theft case under Section 317 of the Bhartiya Nyaya Sanhita, 2023, provided the accused complies with stringent conditions to safeguard the trial process.
Summary
The petitioner, Vikash Kumar, was arrested in connection with a theft case under Section 317 of the Bhartiya Nyaya Sanhita, 2023, after a stolen motorcycle was recovered from his residence. He claimed that he had purchased the motorcycle in good faith and was unaware of its stolen nature, and that the title had not been transferred. The State opposed his bail, arguing the seriousness of the offence. After hearing both sides, the court granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions such as regular court attendance, cooperation in the trial, and restrictions against tampering with evidence. The order also required a blood‑relative bailor and periodic police reporting until charge‑framing.
Issues considered
- Whether bail should be granted to the accused in a case under Section 317 of the Bhartiya Nyaya Sanhita, 2023 involving alleged theft of a motorcycle.
- Whether the conditions imposed by the court are appropriate to ensure the accused’s cooperation and prevent misuse of liberty.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 317
Subjects
- bail
- theft
- stolen property
- Bhartiya Nyaya Sanhita
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2925 of 2026
Arising Out of PS. Case No.-467 Year-2025 Thana- PALIGANJ District- Patna
======================================================
Vikash Kumar, S/o Late Ramnivas Prasad, R/o Village- Korara, P.S.- Paliganj,
Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Paliganj P.S. Case No. 467 of 2025 dated 23.09.2025 instituted
for the offence punishable under Sections 317 of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, a stolen motorcycle
bearing Reg. No. BR01EF8632 was recovered from the house
of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that the
petitioner purchased the said motorcycle from its owner and its
paper has not been transferred till now. The petitioner had no
Patna High Court CR. MISC. No.2925 of 2026(3) dt.23-02-2026
2/3
knowledge that the motorcycle which was purchased by him is a
stolen property. Lastly, it has been submitted that the petitioner
is in custody since 23.09.2025 having one criminal case against
him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Sub-Divisional Judicial
Magistrate, Danapur, Patna in connection with Paliganj P.S.
Case No. 467 of 2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
Patna High Court CR. MISC. No.2925 of 2026(3) dt.23-02-2026
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will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and
thereafter shall appear in the first week of every
month to mark his attendance till framing of
charge.
(Khatim Reza, J)
premchand/-
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