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Patna High Court

Mohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and conditions under the CrPC and BNSS.

Summary

The petitioner, Mohit Kumar, was not named in the FIR relating to theft of motorcycles under Sections 305(b), 317(4) and 111(4) of the Bhartiya Nyaya Sanhita, 2023. The only link to him was a statement by co‑accused that he helped them flee, and he has a clean antecedent. The petitioner applied for bail, arguing that no direct evidence ties him to the offence. The Additional Public Prosecutor opposed bail. The Court considered the prima facie suspicion arising from the co‑accused’s disclosure and, noting 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 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner who is not named in the FIR but is implicated by a co‑accused’s statement.

Legislation cited

Subjects

  • bail
  • suspicion
  • co‑accused statement
  • clean antecedent
  • FIR
  • motorcycle theft
  • CrPC
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41772 of 2026
                         Arising Out of PS. Case No.-57 Year-2026 Thana- THALI District- Nawada
                 ======================================================
                 Mohit Kumar, S/o Jairam Prasad, R/o Village-Thali Khurd, P.S.- Thali, Dist.-
                 Nawada.
                                                                             ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Prasad Singh, Advocate
                 For the Opposite Party/s :        Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-06-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Thali P.S.

                   Case No.57 of 2026 registered under Sections 305(b),

                   317(4) and 111(4) of the Bhartiya Nyaya Sanhita, 2023 (in

                   short ‘B.N.S.’).

                                3. As per FIR, on 19.03.2026, the informant

                   parked his motorcycle bearing Registration No. BR27S0-

                   5323 in front of his house at about 8.00 P.M. In next

                   morning at 4.00 A.M. when he came out of his house, his

                   motorcycle was not there. Thereafter, he started search and

                   during search he came to know that the motorcycle bearing
Patna High Court CR. MISC. No.41772 of 2026(2) dt.30-06-2026
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          Registration No. BR 27Q-2214 of Arvind Kumar from

          village-Bahiara has also been stolen. Subsequently, he came

          to know from people of Thali village that villagers caught

          some unknown miscreants having stolen motorcycles in their

          possession and hand over them to police. Knowing aforesaid,

          the informant went to police station and found his

          motorcycle thereof.

                       4. It is submitted by learned counsel appearing for

          petitioner that the FIR was registered against unknown and

          even the person, who were apprehended with stolen

          motorcycle of the informant only disclosed before the police

          that this petitioner helped them to flee away from the place

          of occurrence. It is submitted that save and except suspicion

          arising out of disclosure of apprehended co-accused person,

          nothing surfaced against this petitioner, who is a man of

          clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as implication of this petitioner prima

          facie appears on the basis of suspicion arising out of
            Patna High Court CR. MISC. No.41772 of 2026(2) dt.30-06-2026
                                                        3/3




                      disclosure made by apprehended co-accused persons,

                      accordingly, the petitioner, above-named, who is a man of

                      clean antecedent, in the event of his arrest or surrender in

                      the court below within a period of four weeks from today, is

                      directed to be released on bail on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of the learned Sub

                      Divisional Judicial Magistrate, Nawada in connection with

                      Thali P.S. Case No.57 of 2026, subject to the conditions as

                      laid down under Section 438(2) of the Code of Criminal

                      Procedure (in short ‘CrPC’)/under Section 482(2) of the

                      Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U       T


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