Patna High Court
Raj Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted as the petitioner had a clean antecedent, the charge sheet was filed, and no incriminating material was found, satisfying the requirements of Section 480(3) of the BNSS.
Summary
The petitioner, Raj Kumar Patel, was arrested at the Indo‑Nepal border while driving a stolen motorcycle and charged under Sections 317(4) and 317(5) of the BNS. He filed a bail petition, asserting a clean antecedent, that he had been in custody since 27‑Oct‑2025, and that no incriminating material was recovered from him or his possession. The State opposed the bail, but the court considered the petitioner’s clean record, the submission of the charge sheet, and the circumstances of his apprehension. Relying on Section 480(3) of the BNSS, the court directed that bail be granted upon furnishing a bail bond of Rs 10,000 with two sureties. The bail order also imposed conditions, including a close relative as one bailor and mandatory court appearances, with cancellation provisions for non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail under Section 480(3) of the BNSS despite being charged under Sections 317(4) and 317(5) of the BNS.
- Whether the petitioner’s clean antecedent and lack of incriminating evidence justify the grant of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Section 317
- Section 480
- clean antecedent
- motorcycle theft
- Indo‑Nepal border
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- JHAROKHAR District- East Champaran
======================================================
Raj Kumar Patel Son of Ashok Patel Resident of Village- Parsa, P.S.-
Samanpur (Malahi Tola), District- Rautahat, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv.
Mr. Hemant Ray, Adv.
For the Opposite Party/s : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Jharokhar P.S. Case No. 152 of 2025, registered
for the offences under Sections 317(4), 317(5) of the BNS
3. As per the prosecution case, the petitioner was
apprehended with a stolen motorcycle which was being driven
by the petitioner at Indo-Nepal border.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is having clean antecedent
and he is in custody since 27.10.2025. Charge sheet has been
submitted. In fact nothing incriminating has been recovered
from person or possession of this petitioner. The real thief fled
Patna High Court CR. MISC. No.75 of 2026(3) dt.26-02-2026
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away when the police started looking at the documents of the
vehicles and in pandemonium this petitioner was apprehended
on suspicion.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
clean antecedent of the petitioner, his 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, Sikrahana at
Dhaka/concerned court, in connection with Jharokhar P.S. Case
No. 152 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.
(iii) In case of absence on three
Patna High Court CR. MISC. No.75 of 2026(3) dt.26-02-2026
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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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