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Patna High Court

Tudu Kumar @ Tutu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Tudu Kumar was arrested in connection with a Paliganj police case for alleged possession of a stolen bike, charged under Sections 317(4), 317(5), 318(4) and 3(5) of the B.N.S., 2023. The prosecution alleged that he could not produce documents for the bike, which he claimed he had obtained from Biru Kahar. The petitioner argued that he was falsely implicated, that the police seizure violated Section 105 of the BNSS, and that no contraband was recovered from his possession. He had been in judicial custody since 8 October 2025 and sought bail. After hearing both sides, the court found no compelling reason to deny bail and ordered his release on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the charges under the B.N.S., 2023.
  • Whether the police seizure complied with the procedural requirements of Section 105 of the BNSS.
  • Whether the petitioner poses a flight risk or a risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • possession of stolen property
  • Section 105
  • B.N.S. 2023
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7728 of 2026
                       Arising Out of PS. Case No.-490 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
                 Tudu Kumar @ Tutu Kumar Son of Dinesh Ram @ Dineshi Ram Resident of
                 Village - Mahabalipur, Ward No.- 12, P.S.- Paliganj, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Rai, Advocate
                 For the Opposite Party/s :       Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                    Heard Mr. Abhishek Rai, learned counsel for the

                   petitioner and Mr. Uday Chand Prasad, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Paliganj P.S. Case No. 490 of 2025 registered for the

                   offence punishable under Sections 317(4), 317(5), 318(4), 3(5)

                   of the B.N.S., 2023.

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

                   petitioner was found in possession of a stolen bike and he could

                   not furnish documents for the bike, whereas the petitioner has

                   disclosed that he has taken the bike from one Biru Kahar.

                                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.7728 of 2026(2) dt.12-02-2026
                                                       2/2




                     case. He also submits that nothing has been recovered from the

                     possession of this petitioner. As per the FIR, the main thrust of

                     the allegation is against Biru Kahar from whom this petitioner

                     has obtained the said bike. The witnesses of the seizure list are

                     police personnel, and the police has not complied with Section

                     105 of the BNSS, while making the seizure. He further submits

                     that the petitioner is languishing in judicial custody since

                     08.10.2025.

                                  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

                     of the like amount each to the satisfaction of the learned

                     S.D.J.M., Danapur in connection with Paliganj P.S. Case No.

                     490 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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