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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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