Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
Aman Kumar was arrested in connection with the theft of a motorcycle, alleged under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the bike was stolen from a rented house and later recovered from the petitioner, who claimed he had purchased it in good faith without knowledge of its stolen nature. The petitioner argued that he was not named in the FIR, no incriminating material was found on him, and he had been in custody since 30‑08‑2025 with only one prior criminal antecedent. The State opposed bail, but the Court considered the lack of direct evidence, the petitioner’s claim of innocence, and the length of custody already served. Accordingly, the Court granted bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount. The order released the petitioner on bail pending further trial.
Issues considered
- Whether bail should be granted to the accused under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- bail
- theft of motor vehicle
- Bharatiya Nyaya Sanhita
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4403 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- BYPASS District- Patna
======================================================
Aman Kumar S/o- Rajbali Ray Village- Mahmadipur Ward No 13 PS-
Mohaddinagar Distt-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Bypass
P.S. Case No. 280 of 2025, instituted for the offences punishable
under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that motorcycle of
the informant has been stolen from the door of rented house in
Maharani Colony.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case in course of
Patna High Court CR. MISC. No.4403 of 2026(2) dt.03-02-2026
2/2
investigation. It is next submitted that the petitioner was arrested
in Patori P.S. Case No. 75 of 2025 and the stolen motorcycle has
been recovered from the petitioner. It is further submitted that
the petitioner has purchased the motorcycle from his co-villager
and has got no knowledge that the same is stolen one. The
petitioner is in custody since 30.08.2025 and has got one
criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bypass P.S. Case
No. 280 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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