Patna High Court

Shashi Kumar @ Sidarth @ SiddharthversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Shashi Kumar was arrested in connection with a case involving three stolen motorcycles and charged under sections 303(2), 317(2), 317(4), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution’s case relied on statements of co‑accused who said the motorcycles were purchased from the petitioner, but none of the vehicles were recovered from his possession. The petitioner contended that he was falsely implicated, had no criminal antecedent and had been in custody since 24‑10‑2025. He applied for regular bail, undertaking to cooperate with the investigation. The Court, after considering the lack of direct evidence, the petitioner’s clean record and the duration of custody, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether regular bail should be granted to the petitioner despite the allegations of involvement in stolen motorcycles under the Bhartiya Nyaya Sanhita.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 317(4), 317(5), 3(5)

Subjects

regular bail
stolen motorcycles
false implication
criminal antecedent
Bhartiya Nyaya Sanhita
section 303
section 317
section 3
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.635 of 2026
                        Arising Out of PS. Case No.-184 Year-2025 Thana- BAUNSI District- Araria
                 ======================================================
                 Shashi Kumar @ Sidarth @ Siddharth Son of Madhukar Singh @ Munna
                 Singh Resident of Village- Pothiya Ward No. 10, P.S.- Bausi, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prateek Tandon, Advocate
                                                  Mr. Rohit Ranjan, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2. APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   15-01-2026                    1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Baunsi P.S. Case no.184

                   of 2025 registered under sections 303(2), 317(2), 317(4), 317(5)

                   and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, it is stated that on two

                   stolen motorcycles having been recovered from the house of

                   Guddu Ansari, on enquiry he disclosed that he had purchased

                   the same from the petitioner. It is further stated that a raid was

                   conducted on the petitioner’s house from which a mobile phone

                   was recovered. Subsequently another motorcycle was recovered

                   from the house of one Mohammed Anwar, who is also stated to

                   have disclosed that the same was given to him by the petitioner
Patna High Court CR. MISC. No.635 of 2026(2) dt.15-01-2026
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          for sale.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case. From the

          allegations in the FIR itself it would transpire that none of the

          stolen motorcycles were recovered from the petitioner’s

          possession and at best the case against him is on the basis of the

          statement of co-accused made before police. The petitioner has

          neither anything to do with the stolen motorcycles nor with the

          co-accused. The petitioner has no criminal antecedent and is in

          custody since 24.10.2025. He undertakes to cooperate in the

          investigation/trial.

                       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 petitioner in

          the FIR, none of the three stolen motorcycles having been

          recovered from the petitioner’s possession, his having remained

          in custody since 24.10.2025 and especially the petitioner not

          having any criminal antecedent, the petitioner is directed to be

          enlarged on bail in connection with Baunsi P.S. Case no.184 of

          2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.635 of 2026(2) dt.15-01-2026
                                                         3/3




                       satisfaction of the learned Judicial Magistrate, 1st Class, Araria.



                                                   (Partha Sarthy, J)
Shiv/-

U        T

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