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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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