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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                                     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/-

U      T


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