Patna High Court

Krishna Prakash Kumar KushwahaversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to both petitioners.

Summary

The petitioners, Krishna Prakash Kumar Kushwaha and Ganesh Mahto, were arrested in connection with a motorcycle theft gang and charged under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The first petitioner had a prior criminal record while the second had none. They contended that they were falsely implicated, that no stolen property was found in their possession, and that the State had not complied with Section 103 of the BNSS. The State opposed bail. Considering the facts, the period of custody, and the lack of direct evidence, the Court decided to grant bail, requiring each petitioner to furnish a bail bond of Rs.15,000 with sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of arrest and custody.
Whether the State’s alleged non‑compliance with Section 103 of the BNSS, 2023 warrants bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(4), 317(5), 3(5)

Subjects

bail
theft
motorcycle
Bharatiya Nyaya Sanhita
Section 103
criminal antecedent
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7173 of 2026
                     Arising Out of PS. Case No.-363 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
           1.     Krishna Prakash Kumar Kushwaha S/O Nawal Kishore Prasad Kushwaha
                  Resident Of Village- Gurmiya, P.s.- Ghorashan, Distt.- East Champaran,
                  Motihari
           2.    Ganesh Mahto S/O Late Dukha Mahto Resident Of Village- Koirgaown,
                 P.s.- Jitna, Distt.- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anshu Dhar Sharma, Advocate
                 For the Opposite Party/s :      Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Ghorasahan P.S. Case No. 363 of 2025 instituted for the offence

                   under Sections 317(4), 317(5) & 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3.       On 30.10.2025, acting on secret information, the

                   informant apprehended the petitioner No.1 near Ghorasahan

                   Railway Station Road with a stolen motorcycle without

                   documents, who on interrogation confessed his involvement in a

                   gang stealing motorcycles from Motihari and Ghorasahan and
Patna High Court CR. MISC. No.7173 of 2026(2) dt.10-02-2026
                                            2/3




          selling them in Nepal and on his disclosure, another stolen

          motorcycle was recovered from a warehouse at Veerta Chowk

          and co-accused Ganesh Mahato (petitioner No.2), Vishal Kumar

          and Rupesh Kumar were arrested

                  4.      It has been submitted on behalf of the petitioners

          that the petitioners are in custody since 01.11.2025. Petitioner

          No.1 bears one criminal antecedent, whereas petitioner No.2

          bears no criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioners’

          counsel that petitioners have been falsely implicated in the

          present case. Nothing has been recovered from the conscious

          possession of the petitioner. Petitioners have no concern with

          the recovered motorcycle. There is no compliance of Section

          103 of the BNSS, 2023.

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

          opposed the prayer for grant of bail to the petitioners.

                  7.      Considering the aforesaid facts and circumstances

          of the case and period of custody of the petitioners, this Court is

          inclined to grant bail to the petitioners.

                  8.      Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two
           Patna High Court CR. MISC. No.7173 of 2026(2) dt.10-02-2026
                                                       3/3




                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with               Ghorasahan P.S.

                     Case No. 363 of 2025.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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