Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions.
Summary
The petitioner, Raj Kumar, was arrested on 23 August 2025 in connection with a theft of a truck alleged under Section 303(2) of the B.N.S. He contended that he was falsely implicated, not named in the FIR, and that the charges were fabricated. The State opposed bail, citing a prior criminal antecedent, though it also noted the petitioner was already on bail in another pending matter. The court examined the lack of specific assault or overt act allegations against the petitioner and his clean antecedent regarding the present case. Considering these circumstances, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties and imposed standard conditions, including cooperation with the trial and non‑tampering with evidence. The bail order was directed to be implemented by the District & Additional Sessions Judge of Lakhisarai.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 303(2) of the B.N.S. given the facts and his criminal antecedent?
Legislation cited
- B.N.S. — s. 303(2)
Subjects
- bail
- Section 303(2)
- B.N.S.
- false implication
- theft
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82253 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- BARHIYA District- Lakhisarai
======================================================
Raj Kumar Son of Late Virendra Prasad R/o Village - Amawa, P.S.- Bind,
District - Nalanda, Bihar - 803107.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Anuj Kumar, learned counsel for the
petitioner and Mr. Shailendra Kumar, learned APP for the State.
2. The petitioner seeks bail, who is in custody since
23.08.2025 in connection with Barahiya P.S. Case No. 169 of
2025, F.I.R. dated 21.08.2025 for the offences punishable under
Section 303(2) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused person are alleged to have committed theft of truck
of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel further submits that the allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR and the
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petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation and the petitioner was
apprehended along with truck in question and he along with co-
accused Rohit Kumar was present in the truck in question. He
further submits that the police after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 23.08.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that petitioner
carries one criminal antecedent other than the present one but
fairly submits on the basis of paragraph 3 of bail petition that he
is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent and
there is no specific allegation of any assault or overt act
attributed against the petitioner, 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 District & Additional Sessions Judge-
II, Lakhisarai in connection with Barahiya P.S. Case No. 169 of
2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her 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)
Ranjeet/-
U T
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