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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                                  (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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