Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that the petitioner is entitled to bail.
Summary
The petitioner, Shivam Kumar, was arrested for alleged possession of a stolen motorcycle and charged under Sections 317(2) and 317(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that he was found with a motorcycle lacking a number plate and that he confessed to its being stolen. The petitioner claimed innocence, stating he was merely delivering dairy products for his employer, Krishna Mahto, who later confessed that the motorcycle was purchased lawfully and was himself granted bail. The petitioner had no prior criminal record and had been in custody since 10 November 2025. After hearing both sides, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to bail under Sections 317(2) and 317(5) of the Bhartiya Nyaya Sanhita, 2023
- Whether the facts and circumstances justify the grant of bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 317(2), 317(5)
Subjects
- bail
- motorcycle theft
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 317
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4557 of 2026
Arising Out of PS. Case No.-661 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Shivam Kumar, S/o Late Laxman Paswan, R/o Village- Krishna Nagar
Abhanda, P.S- Laheriasarai, Dist- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Laheriasarai P.S. Case No. 661 of 2025 dated 09.11.2025,
instituted for the offence punishable under Sections 317(2), 317(5)
of Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the police personnel during vehicle checking
apprehended the petitioner with a Glamorous Motorcycle without
its number plate. The petitioner failed to produce any document of
the said motorcycle. It is further alleged that the petitioner
confessed that the said motorcycle is stolen motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.4557 of 2026(2) dt.28-01-2026
2/2
case. Learned counsel for the petitioner further submits that the
petitioner was working in the Sudha Milk Shop of one Krishna
Mahto, who on the alleged date of occurrence, had given the said
motorcycle to the petitioner to supply dairy products. On the basis
of statement of the petitioner, Krishna Mahto was arrested, who
confessed that the said motorcycle was purchased for a
consideration amount of Rs. 5,000/-. The said Krishna Mahto has
been granted bail by the lower court itself. Lastly, it has been
submitted that the petitioner is in custody since 10.11.2025 having
no criminal antecedents. Charge-sheet has been submitted in the
case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Chief Judicial Magistrate,
Darbhanga in Laheriasarai P.S. Case No. 661 of 2025.
(Khatim Reza, J)
premchand/-
U T
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