Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Rahul Kumar, was arrested in connection with a theft of a motorcycle and charged under several provisions of the Bharatiya Nyaya Sanhita, 2023. He had been in custody since 1 April 2026 and possessed a prior criminal antecedent from an excise case in 2025. The petitioner pleaded innocence and sought regular bail, while the State opposed the relief. The Court considered the nature of the offences, the period of custody, and the antecedent, and concluded that bail could be granted subject to conditions. Accordingly, the Court ordered the release of the petitioner on a bail bond of Rs.10,000 with two sureties and imposed conditions of monthly police‑station attendance and regular trial appearance.
Issues considered
- Whether regular bail should be granted to the accused in a theft case under the Bharatiya Nyaya Sanhita, 2023, considering the custody period and prior criminal antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 336(2), 336(3), 338, 340(2), 3(5)
Subjects
- regular bail
- criminal procedure
- theft
- Bharatiya Nyaya Sanhita
- prior criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43884 of 2026
Arising Out of PS. Case No.-214 Year-2026 Thana- BANJARIA District- East Champaran
======================================================
Rahul Kumar S/o Upendra Prasad Resident of Village- Fulwar Gamharia,
P.S.- Banjaria, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan
For the Opposite Party/s : Mr. Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Banjaria P.S. Case No. 214 of 2026 registered for the offence
under Section(s) 317(5), 318(4), 336(2), 336(3) 338, 340(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of committing theft of motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 01.04.2026 and has one criminal
antecedent bearing Excise P.S. Case No. 579 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.43884 of 2026(2) dt.08-07-2026
2/2
and the period of custody, 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 Banjaria P.S. Case
No. 214 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Banjaria Police Station on the
first 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
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.