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Patna High Court

Kunal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties and conditions prescribed under Section 480(3) of the BNSS.

Summary

Kunal Kumar was arrested along with co‑accused for an alleged attempt to steal a motorcycle, with a recovered bike and master key seized from the co‑accused but not from him. The petitioner sought bail, arguing that no stolen article was found on him, he was in custody only on suspicion, and he had a clean antecedent. The State opposed the bail. The court, after considering the charge sheet, the duration of custody, and the petitioner's clean record, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional requirements such as a close relative as bailor and attendance at court dates. The court also directed verification of any criminal antecedent before final acceptance of the bail bond.

Issues considered

  • Whether bail should be granted to the petitioner who is in custody on suspicion of offences under Sections 303(2), 317(4), 3(5) of the BNS, 2023
  • Whether the petitioner’s clean antecedent and lack of recovery of stolen property from him justify bail

Subjects

  • bail
  • criminal procedure
  • suspicion
  • clean antecedent
  • Section 480(3)
  • BNS 2023
  • motorcycle theft
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3351 of 2026
                       Arising Out of PS. Case No.-284 Year-2025 Thana- KHAGAUL District- Patna
                 ======================================================
                 Kunal Kumar, S/o Pancho @ Panchu Singh, R/o Village - Kaliganj, P.S -
                 Bihta, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Nath Jha, Advocates
                                                  Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. In the present case, the petitioner seeks bail in

                   connection with Khagaul P.S. Case No. 284 of 2025, registered

                   for the alleged offence under Sections 303(2), 317(4), 3(5) of

                   BNS, 2023.

                                 3. The petitioner and other co-accused were

                   apprehended while trying to steal a bike. Further recovery of a

                   motorcycle was made from the petitioner and other co-accused

                   person along with master key.

                                 4. The learned counsel for the petitioner submits that

                   no recovery of any stolen article has been made from the

                   petitioner, who has been made accused merely on suspicion.
Patna High Court CR. MISC. No.3351 of 2026(2) dt.28-01-2026
                                            2/3




          The petitioner has no concern with the seized motorcycle or the

          master key which was seized from the other co-accused persons.

          The petitioner is in custody since 27.08.2025 and is having

          clean antecedent. The charge sheet has been submitted.

                        5. Learned APP vehemently opposes the submission

          made on behalf the petitioner.

                       6. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          submission of charge sheet, period of custody of the petitioner

          and his clean antecedent, the petitioner is directed to be released

          on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Additional Chief Judicial Magistrate-5th, Danapur,

          Patna/court concerned, in connection with Khagaul P.S. Case

          No. 284 of 2025, subject to the conditions mentioned in Section

          480 (3) of BNSS and also the following conditions :

                        (i) One of the bailors will be a close relative of

                        the petitioner.

                        (ii) The petitioner will remain present on each

                        and every date fixed by the court below.

                        (iii) In case of absence on three consecutive

                        dates or in violation of the terms of the bail,
           Patna High Court CR. MISC. No.3351 of 2026(2) dt.28-01-2026
                                                       3/3




                                   the bail bond of the petitioner will be liable to

                                   be cancelled by the court concerned.

                                 7. However, before accepting the bail bond of the

                     petitioner, the learned court below is directed to verify the

                     criminal antecedent of the petitioner. If it is found that the

                     petitioner has got criminal antecedent, then his bail bond would

                     not be accepted.



                                                        (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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