Patna High Court

Sainki @ Sumit KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to cash bond, sureties, and compliance with conditions of appearance and non‑tampering.

Summary

The petitioner, Sainki @ Sumit Kumar, was arrested in connection with a theft of a scooty under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, was not named in the FIR, and no incriminating material was found on his person. The State argued that the stolen vehicle was recovered based on the petitioner’s confessional statement and highlighted his two prior criminal antecedents. The court examined the length of custody, the lack of direct evidence linking the petitioner to the crime, and the presence of a confessional statement. Considering these factors, the court decided to grant bail, imposing a cash bond and surety conditions along with attendance and non‑tampering requirements. The bail order was issued subject to the stipulated conditions.

Issues considered

Whether bail should be granted to the accused under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged confessional statement and prior criminal antecedents.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 303(2)

Subjects

bail
criminal procedure
theft of motor vehicle
Section 303
Bharatiya Nyaya Sanhita
confessional statement
prior criminal antecedents
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5838 of 2026
                       Arising Out of PS. Case No.-997 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Sainki @ Sumit Kumar S/o Mahendra Pandit @ Mahendra Kumar Resident
                 of Durga Charan Lane, Sadakpur, P.S.- Alamganj, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Pradhan, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Alamganj P.S. Case No. 997 of 2025 instituted for the offences

                   under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that the scooty of the

                   informant was stolen by unknown person.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is not named in the F.I.R. The name of the petitioner

                   transpired in this case during investigation. No incriminating

                   article has been recovered from the conscious possession of the

                   petitioner. Learned counsel further submitted that petitioner has
Patna High Court CR. MISC. No.5838 of 2026(2) dt.28-01-2026
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          got no concern with the stolen vehicle. Charge-sheet has been

          submitted in this case. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 28.09.2025 and

          has two criminal antecedents.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner stating that

          the stolen vehicle was recovered on the basis of confessional

          statement of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Alamganj P.S. Case

          No. 997 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.
           Patna High Court CR. MISC. No.5838 of 2026(2) dt.28-01-2026
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                                  (III) 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.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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