Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Pramod Kumar, applied for bail in a case registered under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, alleging his involvement in the theft of a scooty. The prosecution alleged that the scooty was stolen by two thieves and that the petitioner was implicated during investigation. The petitioner claimed innocence, stating that the stolen scooty was recovered from a co-accused, Ramesh Mahto, and that he had three other cases pending, for which he was already on bail. The State opposed the bail, but the court considered the length of custody, the filing of the charge‑sheet, and the petitioner’s antecedent cases. The court ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties, imposing conditions under Section 480(3) of the BNSS, including presence at court dates and a close relative as one bailor.
Issues considered
- Whether bail should be granted to the petitioner under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the offence and the petitioner’s antecedent cases
- Whether the filing of the charge‑sheet and the period of custody justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 480(3)
Subjects
- bail
- criminal procedure
- theft
- Section 303
- Section 480
- high court
- pre‑trial detention
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4178 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Pramod Kumar S/o- Lal Vihari Roy @ Lal Bihari Rai R/v- Paschim Darwaja,
Sadikpur Chowk, Ps- Alamganj Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhimanyu Deo, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, 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.
02. In the present case, the petitioner seeks bail in
connection with Bahadurpur P.S. Case No. 205 of 2025
registered for the alleged offences under Section 303(2) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the Scooty of the
informant was stolen by two thieves and the name of the
petitioner transpired during investigation for his complicity in
the alleged theft.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Recovery of the Scooty has been made from co-accused
Ramesh Mahto from whom other stolen articles were also
Patna High Court CR. MISC. No.4178 of 2026(2) dt.28-01-2026
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recovered. It is not correct to say that recovery has been made at
the instance of the petitioner. Learned counsel further submits
that the petitioner is having antecedent of three cases and he is
on bail in all those cases. The petitioner is in custody since
29.06.2025 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate- 1st Class, Patna
City/court concerned in connection with Bahadurpur P.S. Case
No. 205 of 2025, subject to the conditions mentioned in Section
480(3) of BNSS and 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
Patna High Court CR. MISC. No.4178 of 2026(2) dt.28-01-2026
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or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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