Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the regular bail application, granting bail subject to bond and conditions.
Summary
The petitioner, Raja Kumar, was arrested in February 2026 for alleged theft of a motorcycle under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, stating that no recovery had been made from his possession and that the case against him was based solely on a co-accused's confessional statement. The State opposed his bail application. The Court, after considering the facts and the petitioner's counsel's submissions, granted regular bail on the condition of a Rs.10,000 bond with two sureties and compliance with attendance and cooperation requirements. The order emphasized that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the accused under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 pending trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- regular bail
- theft
- Section 303(2)
- Bharatiya Nyaya Sanhita
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42429 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- TETERHAT District- Lakhisarai
======================================================
Raja Kumar S/O - Ramji Modi @ Mantu Modi R/O Vill - Itaun, P.S - Chanan,
Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Umesh Prasad
For the Opposite Party/s : Mr. Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard the learned Senior Counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Teterhat P.S. Case No. 231 of 2025 registered for the offence
under Section(s) 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of committing theft of a motorcycle.
4. Learned Senior Counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. Petitioner is in custody since 09.02.2026 and he has
been remanded in this case on 28.02.2026. It is further
submitted that no recovery has been made from the possession
of the petitioner and the name of the petitioner has come in the
Patna High Court CR. MISC. No.42429 of 2026(2) dt.29-06-2026
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case on the basis of the confessional statement of the co-
accused.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submission of the learned Senior Counsel for the
petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is
pending/successor Court in connection with Tetarhat P.S. Case
No. 231 of 2025, subject to conditions that:-
(i). The petitioner will mark his
attendance at the Chanan Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.42429 of 2026(2) dt.29-06-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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