Patna High Court
Aatish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted regular bail to the petitioner.
Summary
The Patna High Court considered a bail petition filed by Aatish Kumar, who had been in judicial custody since 2 August 2025 for alleged theft of an informant’s motorcycle, charged under Sections 303(2), 112(2), 317(4) and 3(5) of the BNS. The prosecution relied on the FIR, case diary and CCTV footage that identified the petitioner as one of the accused. The petitioner’s counsel contended that he had no prior criminal record and was falsely implicated. The State opposed the grant of regular bail. After weighing the evidence and noting the petitioner’s clean antecedent, the Court ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties and the condition of appearing before the trial court as required.
Issues considered
- Whether the petitioner is entitled to regular bail despite identification in CCTV and the seriousness of the offences under the BNS.
- Whether the absence of any prior criminal antecedent justifies the grant of bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 112(2), 303(2), 317(4), 3(5)
Subjects
- bail
- regular bail
- theft
- criminal antecedent
- CCTV evidence
- Bihar High Court
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74696 of 2025
Arising Out of PS. Case No.-440 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Aatish Kumar S/o Shailendra Yadav @ Shaliendra Yadav At Present R/o
Village- Dahiyawa Jagdama Road, P.S.- Chhapara Town, District- Saran
(Bihar), Permanent R/o Village- Lodipur Chirand, P.S.- Doriganj, District-
Saran (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is in custody in connection with
Bhagwan Bazar P.S Case No. 440 of 2025 registered for the
offences punishable under Sections 303 (2), 112 (2), 317
(4), 3 (5) of the BNS.
3. As per prosecution case, it is alleged that
petitioner along with co-accused have stolen the motorcycle
of the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is
Patna High Court CR. MISC. No.74696 of 2025(3) dt.21-01-2026
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further submitted that petitioner has got no criminal
antecedent as stated in paragraph no. 3 of the bail petition.
It is also submitted that petitioner is in judicial custody
since 02.08.2025.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR, case diary and impugned
order, it appears that in case dairy name of the petitioner
along with co-accused have been mentioned where
petitioner has been identified in CCTV while stealing the
motorcycle of the informant. Petitioner is under custody
since 02.08.2025. Petitioner has got no criminal antecedent.
7. Considering the aforesaid facts and
circumstances of the case and submissions made on behalf
of the petitioner, let the above named petitioner be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned ACJM 2nd, Saran at Chapra /
concerned court in connection with Bhagwan Bazar P.S
Case No. 440 of 2025, subject to the condition that
petitioner shall present physically before trial Court on each
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and every date fixed by the trial Court till conclusion of the
trial.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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