Patna High Court

SACHIN KUMARversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Sachin Kumar, applied for bail in a case (S.T. No. 796 of 2025) arising from a police report alleging theft of a bike and mobile, punishable under Section 311 of the B.N.S., 2023. The prosecution alleged that miscreants stole the items and that the petitioner was implicated based on confessional statements of co‑accused, though the mobile recovered from him was his own. The petitioner’s counsel argued his innocence, lack of criminal antecedent, and that a co‑accused in a similar case had been granted bail. The State opposed the bail. After hearing both sides, the court found the petitioner’s circumstances comparable to the earlier bail order and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties.

Issues considered

Whether the petitioner is entitled to bail under Section 311 of the B.N.S., 2023 in view of the facts and the earlier bail order in a similar case

Legislation cited

B.N.S., 2023 — s. 311

Subjects

bail
Section 311
B.N.S. 2023
criminal procedure
theft
mobile recovery
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76515 of 2025
                     Arising Out of PS. Case No.-164 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Sachin Kumar S/o Prayag Yadav R/o village- Dulduliya, Ward No. 05, P.S.-
                 Pirpainty, District- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Upadhyaya, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   05-02-2026                    Heard Mr. Diwakar Upadhyaya, learned counsel for

                   the petitioner and Mr. Dr. Ajeet Kumar, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with S.T. No. 796 of 2025 arising out of Pirpainty P.S. Case No.

                   164 of 2025 registered for the offence punishable under Section

                   311 of the B.N.S., 2023.

                                3. The case of the prosecution in short is that certain

                   miscreants have taken away the bike and mobile of the

                   informant and they have also looted another biker. The FIR was

                   lodged against the unknown miscreants.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.76515 of 2025(4) dt.05-02-2026
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          case. Learned counsel for the petitioner submits that the name of

          this petitioner has surfaced during the course of investigation on

          the confessional statement of Abhishek, Ashish and Md. Sonu.

          He also submits that as per the case of the prosecution, a mobile

          was recovered from the possession of this petitioner. From

          perusal of the seizure list of this petitioner, it will transpire that

          the said mobile is not looted one. The mobile belongs to the

          petitioner. He also submits that co-accused, namely Vikash

          Kumar Yadav, having similar nature of allegation has been

          granted bail by this court vide order dated 19.01.2026 passed in

          Cr. Misc. No. 76338 of 2025. The case of this petitioner stands

          on similar footing. He further submits that a statement has been

          made in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          28.04.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.76515 of 2025(4) dt.05-02-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned District

                     & Additional Sessions Judge-XIII, Bhagalpur in connection

                     with S.T. No. 796 of 2025 arising out of Pirpainty P.S. Case No.

                     164 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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