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Patna High Court

Ram KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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