Patna High Court
Bali Bhuian @ Lulha @ Dilip BhuianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
3/3
(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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