Patna High Court
Prem Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Prem Ranjan Kumar was arrested on 28 June 2025 in connection with a police case involving alleged motorcycle theft and offences under Sections 303(2), 317(2), 317(4), 11 and 3(5) of the B.N.S. He applied for bail, claiming a clean antecedent, that the FIR was fabricated, and that Section 103 of the B.N.S. had not been complied with. He also pointed out that a co‑accused, Ashok Kewat, had been granted bail by a coordinate bench in a similar case. The State opposed the bail. Considering the petitioner’s clean record, the precedent of bail to the co‑accused, and the circumstances of the case, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
- Whether non‑compliance of Section 103 of the B.N.S., 2023, bars the grant of bail
- Whether the grant of bail to a similarly situated co‑accused is a relevant factor
Legislation cited
- B.N.S. — s. 103, 11, 303(2), 317(2), 317(4), 3(5)
Subjects
- bail
- criminal procedure
- motorcycle theft
- Section 103
- clean antecedent
- false FIR
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5387 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Prem Ranjan Kumar S/O Sanjay Singh Resident of Village - Rajauna Chauki,
P.S.- Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Mr. Upendra Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
28.06.2025, in connection with Kabaiya P.S. Case No. 258 of
2025, F.I.R. dated 27.06.2025 registered for the offences
punishable under Sections 303(2), 317(2), 317(4), 11, 3(5) of
the B.N.S.
3. As per the prosecution case, the petitioner has been
found to be involved in motorcycle theft.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.5387 of 2026(2) dt.29-01-2026
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He further submits that there is non compliance of Section 103
of B.N.S, 2023 and similarly situated co-accused person namely
Ashok Kewat from whose possession one motorcycle was
recovered has been granted bail by a Coordinate Bench of this
Court vide order dated 09.09.2025 passed in Cr. Misc. No.
60891 of 2025. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 28.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
similarly situated co-accused person has been granted bail by a
Coordinate Bench of this Court, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Lakhisarai in connection with Kabaiya P.S. Case No. 258 of
2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.5387 of 2026(2) dt.29-01-2026
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and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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