Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to standard conditions.
Summary
Suraj Kumar was arrested in connection with a case alleging theft and sale of stolen motorcycles, charged under several sections of the BNS, 2023. The prosecution claimed he was caught while attempting to flee and that two stolen motorcycles were recovered, with the petitioner allegedly confessing. The petitioner pleaded innocence, arguing that no contraband was found on him and that a co-accused had already been granted bail. The State opposed the bail application. The court considered the facts, the nature of the offences, and the petitioner’s willingness to cooperate, and ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties and complying with standard conditions. The order directed the lower court to release the petitioner on bail.
Issues considered
- Whether the petitioner is entitled to regular bail in the offences charged under Sections 303(2), 317(5), 338, 336(3) and 3(5) of the BNS, 2023.
Legislation cited
- BNS, 2023 — s. 303(2), 317(5), 336(3), 338, 3(5)
Subjects
- regular bail
- theft of motor vehicles
- stolen motorcycles
- BNS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84754 of 2025
Arising Out of PS. Case No.-371 Year-2025 Thana- TEKARI District- Gaya
======================================================
Suraj Kumar S/O Sahdeo Nat Resident of Village- Jagdhar, P.S.- Tekari, Dist.-
Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 20-02-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Tekari P.S. Case No. 371 of 2025, registered for the
offences punishable under Sections 303(2), 317(5), 338, 336(3)
and 3(5) of the BNS, 2023.
3. The prosecution case, in brief, is that on 06.08.2025
at about 05:00 PM, while on patrolling duty, the police party of
P.S. Tekari received confidential information that the petitioner
along with co-accused Niraj Kumar, was searching for
customers to sell stolen motorcycles. Acting on the said
information, the police reached the house of the petitioner,
where he was allegedly apprehended while attempting to flee. It
is alleged that two stolen motorcycles were recovered and the
Patna High Court CR. MISC. No.84754 of 2025(3) dt.20-02-2026
2/2
petitioner allegedly confessed his involvement in the theft and
sale of the said vehicles after changing their number plates.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. Nothing was recovered from his possession. He has
further submitted that co-accused Niraj Kumar has been granted
bail by a co-ordinate Bench of this Court in Cr. Misc. No. 84249
of 2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned CJM, Gaya in connection with Tekari P.S. Case No. 371
of 2025, subject to the following conditions that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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