Patna High Court

Raja KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

Raja Kumar petitioned for bail in a case (Pupri P.S. Case No. 200 of 2025) registered under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging theft of Rs. 50,000 by unknown persons. The petitioner was not named in the FIR and was implicated only on the basis of his prior excise‑related criminal antecedents, with no seized stolen money or material linking him to the offence. The petitioner argued that no third‑information‑report had been filed to establish his involvement and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail, citing the petitioner’s criminal record. The Court, considering the lack of incriminating evidence, the absence of a T.I.P., and the petitioner’s custody duration, granted bail on a bond of Rs. 15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite prior criminal antecedents and lack of direct evidence linking him to the alleged theft.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 309(4)

Subjects

bail
criminal procedure
Section 309
Bharatiya Nyaya Sanhita
prior criminal antecedent
excise act
investigation
third information report
Section 103
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7879 of 2026
                        Arising Out of PS. Case No.-200 Year-2025 Thana- PUPRI District- Sitamarhi
                 ======================================================
                 Raja Kumar Son of Rajan Kumar Prasad R/o Village- Bhavdepur, ward no.
                 01, P.S.- Riga, District- Sitamarhi
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Virendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Pupri

                   P.S. Case No. 200 of 2025 instituted for the offences under

                   Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that three unknown

                   miscreants snatched Rs. 50,000/- from the informant.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is not named in the F.I.R. The name of the petitioner

                   transpired in this case in course of investigation. The petitioner

                   has been implicated only on the basis of his previous criminal

                   antecedent. No incriminating/looted article has been recovered

                   from the conscious possession of the petitioner. Learned counsel

                   further submitted that petitioner has got no concern with the
           Patna High Court CR. MISC. No.7879 of 2026(2) dt.19-02-2026
                                                       2/2




                     stolen money. Learned counsel further submitted that T.I.P. has

                     not been conducted till date to ascertain the involvement of the

                     petitioner in the alleged offence. It has been submitted on behalf

                     of the petitioner that the petitioner is in custody since

                     08.09.2025 and has nine criminal antecedents. He further

                     submitted that so far as criminal antecedents of the petitioner is

                     concerned all cases are relating to Excise Act. There is no

                     compliance of Section 103 of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, taking into account the criminal antecedent of the

                     petitioner all cases are relating to Excise Act, as also the period

                     of custody undergone by the petitioner, this Court is inclined to

                     grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Pupri P.S. Case No.

                     200 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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