Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 111(4), 305(b), 317(4)
- Code of Criminal Procedure — s. 438(2)
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
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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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