Patna High Court

Amit KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

Regular bail is granted to all three petitioners.

Summary

The petitioners Amit Kumar, Niraj Kumar and Ajay Kumar were arrested for alleged theft of a bag on a train, the bag reportedly recovered from them and they allegedly confessed. They filed an application for regular bail under sections 305(c) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. They contended false implication, no incriminating article recovered, have been in custody since 17 Nov 2025, a charge‑sheet has been filed, and they have no prior criminal record. The State opposed the bail. The Court, after considering the long pre‑trial detention, the filing of the charge‑sheet and the absence of antecedents, ordered that each petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, to the satisfaction of the Additional Chief Judicial Magistrate, Railway, Barauni.

Issues considered

Whether regular bail should be granted to the accused under sections 305(c) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.
Whether the facts of prolonged custody, filing of charge‑sheet and lack of criminal antecedents justify granting bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 305(c), 317(2)

Subjects

regular bail
Bharatiya Nyaya Sanhita
section 305(c)
section 317(2)
theft
railway
pre‑trial detention
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5665 of 2026
                 Arising Out of PS. Case No.-218 Year-2025 Thana- BARAUNI RAIL P.S. District- Begusarai
                 ======================================================
           1.     Amit Kumar S/O Biro Saw @ Biro Sah @ Viro shaw R/O Village-
                  Kairiwari, Purani Durga Sthaan,Ward no. 8, Phulwaria, PO-Barauni, PS-
                  Phulwaria, District- Begusarai
           2.    Niraj Kumar S/O Ashok Ram R/O Village- Kairiwari, Purani Durga
                 Sthaan,Ward no. 8, Phulwaria, PO-Barauni, PS- Phulwaria, District-
                 Begusarai
           3.    Ajay Kumar S/O Shankar Saw @ Shankar Shaw R/O Village- Kairiwari,
                 Purani Durga Sthaan,Ward no. 8, Phulwaria, PO-Barauni, PS- Phulwaria,
                 District- Begusarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Yugal Kishore, Advocate
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the parties.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Rail Barauni (GRPS)

                   P.S. Case no.218 of 2025, registered under section 305(c) and

                   317(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that while traveling in the train, a bag belonging to his father

                   went missing. On information given to the Railway Protection

                   Force (RPF), it transpired that the bag had been recovered from

                   three accused persons who are the petitioners herein and they

                   were taken into custody. They confessed to their guilt.
            Patna High Court CR. MISC. No.5665 of 2026(2) dt.04-02-2026
                                                        2/2




                                   4. Learned counsel for the petitioners submits that the

                      petitioners have been falsely implicated in the case. No

                      incriminating article has been recovered from their possession.

                      They are in custody since 17.11.2025 and charge-sheet has been

                      submitted in the case. They have no criminal antecedent.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegation against the petitioners in

                      the F.I.R., the petitioners being in custody since 17.11.2025,

                      charge-sheet having been submitted in the case and the

                      petitioners not having any criminal antecedent, all the three

                      petitioners are directed to be enlarged on bail in connection with

                      Rail Barauni (GRPS) P.S. Case no.218 of 2025, on each of them

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Additional Chief Judicial Magistrate, Railway, Barauni

                      at Begusarai.


                                                       (Partha Sarthy, J)
avinash/-

U      T

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