Patna High Court
Tudu Kumar @ Tutu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 105, 317(4), 317(5), 318(4), 3(5)
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
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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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