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Patna High Court

Raj Kumar PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 317(4), 317(5)
  • BNSS — s. 480(3)

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
                                            2/3




          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
                                                         3/3




                                               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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