Patna High Court
Rahul Kumar @ Rahul DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail and is released on condition of a Rs.10,000 bond with two sureties.
Summary
Rahul Kumar was arrested on 30 July 2025 for alleged involvement in the theft and sale of stolen motorcycles, charged under several sections of the B.N.S.S., 2023. The prosecution’s case relied on the testimony of a co‑accused who claimed to have purchased a stolen motorcycle from the petitioner. The petitioner argued that he has a clean antecedent, was falsely implicated, and is not named in the FIR. The court noted that a similarly situated co‑accused, Raj Kumar, had been granted bail by a coordinate bench. Considering the petitioner’s clean record and the precedent, the court granted bail with a bond of Rs.10,000 and specific conditions regarding trial attendance and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the B.N.S.S., 2023
- Whether the petitioner’s clean antecedent and the grant of bail to a co‑accused justify his release
- Whether the allegations in the FIR constitute a false or fabricated case against the petitioner
Legislation cited
- B.N.S.S., 2023 — s. 317(4), 317(5), 318(4), 336(3), 338, 3(5)
Subjects
- bail
- theft
- motorcycle
- false implication
- clean antecedent
- criminal procedure
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5410 of 2026
Arising Out of PS. Case No.-934 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Rahul Kumar @ Rahul Das S/o- Bigan Das Resident of Village- Saidpur
Kutupur Police Station- Bidupur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Ranjeet Kumar, learned counsel for the
petitioner and Mr. Nirmal Kumar Sinha, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
30.07.2025 in connection with S. Tr. No. 823/2025, arising out
of Hajipur Town P.S. Case No. 934 of 2025, F.I.R. dated
30.07.2025 for the offences punishable under Sections 317(4),
317(5), 318(4), 338, 336(3), 3(5) of the B.N.S.S., 2023.
3. According to prosecution case, on seeing police,
two miscreants riding a motorcycle started fleeing away but one
miscreant was apprehended who disclosed his name as Bobby
Kumar and he also disclosed the name of the person who fled
away as Saroj Kumar. On inquiry, he disclosed that he used to
Patna High Court CR. MISC. No.5410 of 2026(2) dt.29-01-2026
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steal motorcycles and sell them to persons who are indulged in
selling liquor and he further disclosed that he had sold the
motorcycles to the petitioner and the co-accused persons.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in this case. He further submits that the allegation as
alleged in the FIR is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R. and the
petitioner is not named in the FIR. From a bare perusal of F.I.R.,
it appears that one looted motorcycle has been recovered from
the possession of one co-accused person and he had disclosed
that he had purchased the same from the petitioner and other co-
accused persons. The similarly situated co-accused person,
namely, Raj Kumar @ Raj Kumar Rai has been granted bail by
a Coordinate Bench of this Hon’ble Court vide order dated
17.11.2025 passed in Cr. Misc. No. 71532 of 2025 and the
police after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 30.07.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent and
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similarly situated co-accused person has been granted bail by a
Coordinate bench of this Hon’ble Court, let the petitioner, above
named, 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 the learned Addl. District and
Sessions Judge-X, Vaishali at Hajipur, in connection with S. Tr.
No. 823/2025, arising out of Hajipur Town P.S. Case No. 934 of
2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. 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 antecedent, 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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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