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Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail was dismissed.

Summary

The petitioner, Bittu Kumar, applied for regular bail in a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The facts allege that three unknown criminals looted a motorcycle and a mobile phone, and the looted motorcycle was subsequently given to the petitioner, who is alleged to sell such vehicles to liquor smugglers. The petitioner claimed innocence and has been in custody since 23 November 2025, while the State opposed the bail. The Court observed that the petitioner was aware that the motorcycle was looted and that it had been sold to him. Consequently, the Court was not inclined to grant bail and dismissed the application.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given his knowledge of the looted vehicle

Legislation cited

Subjects

  • regular bail
  • Section 309(4)
  • Bharatiya Nyaya Sanhita
  • theft
  • looted property
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8069 of 2026
                     Arising Out of PS. Case No.-349 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Bittu Kumar S/o Ranjay Kumar @ Ranjay Rai R/o Village - Jafrabad Dih,
                 P.S.- Rustampur, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   30-03-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Rajapakar P.S. Case No. 349 of 2025 registered for the offence

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

                                3. Three unknown criminals looted one motorcycle,

                   mobile phone from the informant. The vehicle in question was

                   given to the petitioner who sells the looted vehicles to liquor

                   smugglers.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. He is

                   in custody since 23.11.2025.

                                5. Learned A.P.P. has vehemently opposed the prayer

                   for bail.
            Patna High Court CR. MISC. No.8069 of 2026(3) dt.30-03-2026
                                                        2/2




                                   6. Considering the fact that the petitioner knowing

                      fully well that the motorcycle in question was looted and sold to

                      the petitioner, in that view of the matter, I am not inclined to

                      grant bail to the petitioner for the present.

                                   7. Accordingly, this application for regular bail is

                      dismissed.



                                                 (Sandeep Kumar, J)
khushbu/-

U      T


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