Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Raju Kumar, was arrested on 23 March 2026 for allegedly riding a stolen motorcycle with a tampered number plate, charged under Sections 318(4), 336(3), 317(5) and 338 of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming innocence and asserting that he had not committed any offence. The State opposed the bail application, arguing the seriousness of the alleged offences. The Court, after considering the facts and circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount. The bail was conditioned on the petitioner’s monthly attendance at the Bairgania Police Station and regular appearance in trial, with non‑compliance leading to cancellation of bail. The Court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 for offences under Sections 318(4), 336(3), 317(5) and 338.
- Whether the conditions imposed by the Court are appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 336(3), 338
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- motor vehicle
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42546 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Raju Kumar S/O Nandlal Singh R/O Vill. - Hasima, P.O.-Jamua, P.S.-
Bairgania, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha
For the Opposite Party/s : Mr. Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kundwa Chainpur P.S. Case No. 97 of 2026 registered for the
offence under Section(s) 318(4), 336(3), 317(5), 338 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner was
found riding a stolen motorcycle after allegedly changing its
number plate.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 23.03.2026.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.42546 of 2026(2) dt.02-07-2026
2/3
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the allegations levelled against 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 Kundwa Chainpur
P.S. Case No. 97 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Bairgania 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
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
Patna High Court CR. MISC. No.42546 of 2026(2) dt.02-07-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.