Patna High Court
Ram Milan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Ram Milan Kumar, was arrested in connection with a case alleging theft of two motorcycles and charged under Sections 112, 317(4), 317(5) and 3(5) of the Bhartiya Nagrik Suraksha Sanhita (BNS). He claimed innocence, stating that no stolen articles were found in his possession, and had been in custody since 15 September 2025. The State opposed his bail application. The court considered the length of custody, the circumstances of the case, and the provisions of Section 482 of the BNS, which empowers the court to grant bail. It ordered his release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the conditions of Section 482. The petition was therefore disposed in favour of the petitioner.
Issues considered
- Whether the petitioner is entitled to bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the charges under Sections 112, 317(4), 317(5) and 3(5).
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 112, 317(4), 317(5), 3(5), 482
Subjects
- bail
- criminal procedure
- theft
- motorcycle
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.516 of 2026
Arising Out of PS. Case No.-3 Year-2024 Thana- SHIKARGANJ District- East Champaran
======================================================
Ram Milan Kumar S/O Rambabu Baitha Resident of village -
Kathmaliya,P.S-Shikarganj,Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar , Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State .
2. The petitioner seeks bail in a case registered for the
offence under Sections 112, 317 ( 4 ), 317 (5) and 3 (5) of BNS.
3 . As per F.I.R. 2 stolen motorcycles were recovered
from the house of petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case . No stolen articles were recovered from the conscious
possession of this petitioner. Petitioner is in custody since
15.09.2025 . Chargesheet has already been submitted.
5 . Learned A.P.P. for the State opposed the bail
petition .
6. Considering the aforesaid facts, period of custody
Patna High Court CR. MISC. No.516 of 2026(2) dt.13-02-2026
2/2
and circumstances, let the above named petitioner be released
on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Sub- divisional Judicial Magistrate Sikrahana at Dhaka
East Champaran in connection with Shikarganj P.S. Case No.
03 of 2024 , subject to condition as laid down under Section
482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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