Patna High Court
Bobby KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Bobby Kumar was arrested on 1 June 2025 in connection with a theft of a motorcycle, alleged under Section 303(2) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case is based mainly on a confessional statement, with the stolen vehicle recovered from a third party’s garage and no other substantive evidence. The petitioner contended that the FIR was lodged a day after the alleged incident without explanation, that he was not named initially, and that he is innocent. The State opposed bail, citing four prior criminal antecedents. The High Court, after considering the delay in filing the FIR, the paucity of material evidence beyond the confession, and the petitioner’s circumstances, granted bail on a Rs.10,000 bond with two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 303(2) of the Bharatiya Nyay Sanhita, 2023 given the nature of the offence and the evidence.
- Whether the delay in filing the FIR and the lack of material evidence beyond a confessional statement justify bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 303(2)
Subjects
- bail
- Section 303(2)
- Bharatiya Nyay Sanhita
- theft of motor vehicle
- confessional statement
- delay in FIR
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78069 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Bobby Kumar S/o- Shalendar Ray Resident of Chautham PS- Chautham
District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Santosh Kumar Singh, learned counsel
for the petitioner as well as Mr. Suresh Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.06.2025 in connection with Chautham P.S. Case No. 134 of
2025, F.I.R. dated 29.05.2025 for the offences punishable under
Sections 303(2) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that his motorcycle was stolen by someone when he
parket it in front of gate and went to participate in Kharif Maha
Abhiyan Program. Hence the FIR.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the FIR that date of the occurrence
Patna High Court CR. MISC. No.78069 of 2025(3) dt.22-01-2026
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was on 28.05.2025 but the FIR was lodge on 29.05.2025 i.e.
after delay of one day without giving any reason of delay. The
petitioner is not named in the FIR and his name transpired
during investigation and thereafter the petitioner had confessed
his guilt in the present occurrence. It appears from the FIR and
seizure list that the motorcycle in question was recovered from
garage of Mukesh Kumar and except the confessional statement
of the petitioner, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 01.06.2025 .
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries four criminal antecedents
other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Khagaira in connection with Chautham P.S.
Case No. 134 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.78069 of 2025(3) dt.22-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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