Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Niraj Kumar, was arrested in connection with a case of alleged theft of a stolen motorcycle, charged under Sections 303(2), 317(5), 338 and 336(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. Police recovered a stolen motorcycle from the petitioner’s house after a co‑accused disclosed his involvement. The petitioner claimed innocence, asserted that no incriminating material was found on him, highlighted his clean antecedent and noted that a charge‑sheet had already been filed after his custody since 21‑08‑2025. The State opposed bail. Considering the facts, the petitioner’s clean record, the period of custody and the filing of the charge‑sheet, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required the petitioner’s presence at court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023, considering the nature of the offences and the petitioner’s circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(5), 336(3) r/w 3(5), 338, 480(3)
Subjects
- bail
- criminal procedure
- theft
- stolen property
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 480
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84249 of 2025
Arising Out of PS. Case No.-371 Year-2025 Thana- TEKARI District- Gaya
======================================================
Niraj Kumar S/o- Gorakh Das R/v- Jagdhar Ps- Tekari Dist- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandrasen Prasad Singh, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Tekari P.S. Case No. 371 of 2025 registered for
the alleged offences under Sections 303(2), 317(5), 338, 336(3)
r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, police received
information about the petitioner and co-accused selling a stolen
motorcycle. A raid was conducted and co-accused, Suraj Kumar,
was apprehended with stolen motorcycle, who disclosed the
name of this petitioner who has kept another stolen motorcycle
at his house. Upon which, a raid was conducted in the house of
the petitioner and stolen motorcycle was recovered from the
house of the petitioner.
Patna High Court CR. MISC. No.84249 of 2025(3) dt.11-02-2026
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04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. Learned counsel further submits
that the petitioner is in custody since 21.08.2025 and charge-
sheet has been submitted. The petitioner is having clean
antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and his clean antecedent
along with submission of charge-sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-VI, Gayaji/court concerned in connection
with Tekari P.S. Case No. 371 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
Patna High Court CR. MISC. No.84249 of 2025(3) dt.11-02-2026
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(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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