Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted bail to the petitioner subject to the stipulated conditions.

Summary

Santosh Kumar was accused of taking and selling an informant’s motorcycle, alleged under Sections 316(2) and 318(4) of the B.N.S. The FIR was lodged ten days after the informant’s enquiry, and the motorcycle was later seized in an excise case where the informant’s husband was an accused. The petitioner argued that the delay in filing the FIR and the seizure in a separate excise matter weakened the prosecution’s case. The Court considered the delay, the fact that the motorcycle was already involved in a separate excise case, and the nature of the offences. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, one of whom must be a family member, and subject to cooperation with the investigation. The bail was granted under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S. with additional conditions.

Issues considered

Whether bail can be granted under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. for offences under Sections 316(2) and 318(4) of the B.N.S.
The effect of the delay in lodging the FIR on the bail application.
The relevance of the motorcycle’s seizure in a separate excise case to the bail decision.

Legislation cited

B.N.S. — s. 316(2), 318(4)
B.N.S.S. — s. 482(2)
Cr.P.C. — s. 438(2)
Excise Act

Subjects

bail
theft
motor vehicle
delay in FIR
excise case
Section 438 CrPC
Section 482 B.N.S.S.
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78664 of 2025
                 Arising Out of PS. Case No.-454 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Santosh Kumar Son of Late Ashok Gupta Resident of Village - Dadwa, P.S. -
                 Mohania, District - Kaimur At Bhabua.                  ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Pratap Singh, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest for the offences

                   punishable under Sections 316 (2) and 318 (4) of the B.N.S.

                                3. The allegation of the prosecution is that the

                   petitioner had taken the motorcycle of the informant on the

                   pretext of some urgent work, did not return and sold the same.

                                4. Learned counsel for the petitioner submits that the

                   F.I.R. itself discloses that after three days, the informant went to

                   enquire about the motorcycle and, as a matter of fact, after 10

                   days the first information report was lodged for which no

                   explanation has been tendered. The allegation levelled by the

                   informant completely falls flat in the background of fact that

                   Annexure-2 of the present application indicates that the said

                   motorcycle was caught by the police under the Excise Act and it
            Patna High Court CR. MISC. No.78664 of 2025(3) dt.21-01-2026
                                                        2/2




                      was the informant’s husband who was made accused for

                      transporting illegal wine.

                                    5.   Taking      into     consideration   the   facts   and

                      circumstances of the case and also considering the fact that the

                      motorcycle was eventually caught in Excise Case No.341 of

                      2025 dated 15.05.2025 in which the informant’s husband is an

                      accused, let the above named petitioner, be released on bail, in

                      the event of his arrest or surrender before the learned Court

                      below within a period of four weeks from today, on furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

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

                      Court below where the case is pending/ successor Court in

                      connection with Mohania P.S. Case No.454 of 2025, subject to

                      the condition as laid down under Section 438 (2) of the

                      Cr.P.C./482 (2) of the B.N.S.S., subject to further conditions that

                      (i) One of bailors would be the family members of the

                      petitioner.

                      (ii) The petitioner would cooperate in the investigation/trial.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

Continue reading with your account

Checking your session…