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Patna High Court

Bali Bhuian @ Lulha @ Dilip BhuianversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNS.

Summary

The petitioner, Bali Bhuian, was arrested in connection with a theft of a motorcycle and a bag containing a tablet, mobile phone and cash, and was charged under Sections 309(4) and 317(2) of the BNS. The prosecution alleged that he was one of three miscreants involved and highlighted his antecedent of five prior cases, portraying him as a habitual offender. The petitioner’s counsel argued that no incriminating material had been recovered from him, the charge sheet had already been filed, and he was already on bail in all other cases. The State opposed bail, emphasizing the petitioner’s prior similar offences. After considering the custody period, the charge sheet submission, and the arguments of both sides, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNS. The bail order also required a close relative as a bailor and mandatory court appearances.

Issues considered

  • Whether bail should be granted to the petitioner despite his antecedent cases and alleged habitual offender status
  • Whether the conditions prescribed under Section 480(3) of the BNS are applicable to the bail grant

Legislation cited

  • BNS — s. 309(4), 317(2), 480(3)

Subjects

  • bail
  • criminal procedure
  • habitual offender
  • Section 480(3)
  • charge sheet
  • antecedent cases

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71731 of 2025
                         Arising Out of PS. Case No.-12 Year-2025 Thana- CHERKI District- Gaya
                 ======================================================
                 Bali Bhuian @ Lulha @ Dilip Bhuian S/o Late Fakirchand Bhuian R/o
                 Village- Mohaptapur (Mohabbtapur), P.S.- Sherghati, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Paras Nath, Adv.
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   17-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Cherki P.S. Case No. 12 of 2025, registered for

                   the offences under Sections 309(4) of the BNS and later on

                   added Section 317(2) of the BNS.

                                3. As per the prosecution case, three miscreants

                   snatched the motorcycle and a bag from the informant and the

                   bag contained a tablet, mobile phone and cash of Rs.91,621/-.

                   The name of the petitioner transpired during investigation as

                   one of the accused persons.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that nothing incriminating has been recovered

                   from person or possession of the petitioner who is in custody
Patna High Court CR. MISC. No.71731 of 2025(3) dt.17-01-2026
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          since 03.03.2025. Charge sheet has been submitted. Learned

          counsel further submits that the petitioner is having antecedent

          of five cases and he is on bail in all the cases.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner. Learned APP

          submits that the petitioner carries antecedent of similar type of

          cases and appears to be a habitual offendor.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          period of custody and submission of charge sheet, the petitioner

          is directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

          of the like amount each to the satisfaction of learned ACJM-V,

          Gaya/concerned court, in connection with Cherki P.S. Case No.

          12 of 2025, subject to the condition laid down under Section

          480(3) of the BNSS and other following conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioner.

                                  (ii) The petitioner will remain present on

                                  each and every date fixed by the court

                                  below, if so required by the learned trial

                                  court.
             Patna High Court CR. MISC. No.71731 of 2025(3) dt.17-01-2026
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                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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