Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to the petitioner, finding no material recovery or prior criminal record to justify continued detention.
Summary
Uday Kumar was arrested in connection with an alleged theft of 1,549 litres of petrol and 2,682 litres of diesel from Anshu Fuel Centre, charged under Sections 303(2) and 317 of the BNS. The FIR alleged that the accused, along with co‑accused, switched off lights using an emergency button and stole the fuel, but no material was recovered from his possession. The petitioner contended he was merely a Munshi at the pump, had no criminal antecedent, and was implicated solely on suspicion. The State opposed bail, seeking a criminal antecedent report, alleging prior convictions. The court examined the FIR, case diary, and noted the absence of any recovery or prior record, and consequently granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a theft case under Sections 303(2) and 317 of the BNS when no material has been recovered and the accused has no criminal antecedent.
Legislation cited
- BNS — s. 303(2), 317
Subjects
- bail
- theft of petroleum
- criminal antecedent
- Section 303(2)
- Section 317
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73688 of 2025
Arising Out of PS. Case No.-158 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Uday Kumar, 46 yeas, S/o Hareram Mahto R/o Village- Sorkahi (Sahsi), P.S.-
Alauli, Diustrict- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. Petitioner is in custody in a case registered for the
offence punishable under Sections 303(2), 317 of of the BNS.
3. As per allegation in the FIR, petitioner along with
other co-accused person is alleged to have stolen 1549 litres of
petrol and 2682 liters of diesel amounting Rs.4,20,000/- from
the petrol pump of the informant, namely, Anshu Fuel Centre.
During the investigation of CCTV camera, it was found that
some persons came wearing a towel and switched off the light
through the emergency button on the alleged date of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.73688 of 2025(3) dt.21-01-2026
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case. He next submits that name of the present petitioner has
transpired only on the basis of suspicion as he was working as
Munshi in the said Petrol pump. He next submits that petitioner
was neither apprehended on the spot nor any recovery has been
made either for his possession or places belongs to him. He next
submits that investigation has been concluded and accordingly
charge-sheet has been submitted. He submits that petitioner is in
custody since 04.07.2025 and has got no criminal antecedent as
stated in para-3 of the bail petition.
5. Learned APP for the State as well as learned
counsel for the informant oppose the prayer for bail of the
petitioner and submits that a report regarding criminal
antecedent of the present petitioner may be called from the S.P.
Khagaria as petitioner previously wrote that he has five criminal
antecedent and later denied this fact.
6. On perusal of the FIR, case diary and impugned
order dated 09.09.2025, it appears that nothing has been
recovered from the possession of the present petitioner and he
has got no criminal antecedent as stated in para-3 of the bail
petition and from the impugned order also it is clear that the
present petitioner has got no criminal history. So, there is no
need to call for further criminal antecedent report of this
Patna High Court CR. MISC. No.73688 of 2025(3) dt.21-01-2026
3/3
petitioner. So, considering the aforesaid facts and circumstances
of the case and submission of learned counsel for the petitioner,
let the above-named petitioner be released on bail, on his
furnishing bail bonds of Rs.10,000/-(Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Khagaria in connection with Alouli
P.S. Case No.158 of 2025.
(Ramesh Chand Malviya, J)
Harshita/-
U T
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