Patna High Court
Ram KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Ram Kumar was arrested in connection with a bike‑theft case (Gaighat P.S. Case No. 107 of 2026) and charged under several sections of the B.N.S., 2023. The prosecution alleged that a stolen bike was recovered from his house and that he identified the alleged ringleaders. The petitioner contended that he is innocent, that no contraband was seized from him, and that the police failed to comply with Section 105 of the B.N.S. while making the seizure; he also highlighted his lack of prior criminal record and his continued judicial custody since 15‑04‑2026. The State opposed his bail application. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The order thus enlarges the petitioner on bail pending trial.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the charges specified in the B.N.S., 2023?
- Did the police comply with Section 105 of the B.N.S. in the seizure, affecting the bail consideration?
Legislation cited
- Bihar National Security Act, 2023 — s. 111(2), 303(2), 313, 317(4), 317(5), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- criminal procedure
- seizure
- Section 105
- theft
- judicial custody
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40310 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- GAIGHAT District- Muzaffarpur
======================================================
Ram Kumar S/o Ram Shukul Mahto Resident of Village- Kamrathu, P.S.-
Gaighat, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Bipin Chandra, Advocate.
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Gaighat P.S. Case No. 107 of 2026 registered for the
offence punishable under Sections 111(2), 303(2), 313, 317(4),
317(5), 338, 336(3), 340(2) and 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in brief, is that the
police received information that the petitioner had concealed
stolen bikes and on the said information, the police conducted a
search and recovered a stolen bike from the door of the
petitioner's house. It is further alleged that, on being asked, the
petitioner disclosed that Zahid and Faizal were the kingpins of
the bike theft racket.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.40310 of 2026(2) dt.24-06-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner neither from his premises. The
witnesses of the seizure list are police personnel and the police
has not complied with Section 105 of the BNSS while making
the seizure. Moreover, a statement has been made in para 3 of
the petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 15.04.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, (East), Muzaffarpur in connection with
Gaighat P.S. Case No. 107 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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