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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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