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Patna High Court

Shani Kumar @ Sani KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and compliance with conditions under section 482(2) of the BNS.

Summary

The petitioner, Shani Kumar, sought bail in a criminal case (PS Case No. 61 of 2025) where he was implicated in a theft of a motorcycle under section 309(4) of the Bharatiya Nagarik Suraksha Sanhita. The allegation arose from a confessional statement of co‑accused, and no stolen articles were recovered from the petitioner, who also has a clean antecedent. The State opposed the bail application. The Court considered the petitioner’s clean record, lack of material evidence, and the circumstances of the investigation. It ordered that bail be granted if the petitioner surrenders or is arrested within eight weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS. The bail order effectively disposes of the petition.

Issues considered

  • Whether bail should be granted to the petitioner under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case of alleged theft under section 309(4).

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • section 309
  • section 482
  • clean antecedent
  • motorcycle robbery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84924 of 2025
                       Arising Out of PS. Case No.-61 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Shani Kumar @ Sani Kumar S/o Surendra Paswan Resident of Village -
                 Aamhara, P.O - Mohanpur, P.S. - Mohanpur, District - Gaya,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 309 ( 4 ) of BNS.

                                3 . As per F.I.R. 3 unknown miscreants riding on

                   motorcycle looted the motorcycle of the informant.

                                4. It is submitted on behalf of the petitioner that

                   petitioner is innocent and has committed no offence as alleged.

                   The name of the petitioner transpired during course of

                   investigation on confessional statement of other co-accused

                   persons. No looted article has been recovered from possession

                   of petitioner. Petitioner claims clean antecedent.

                                5 . Learned counsel for the State opposed the bail

                   petition .
            Patna High Court CR. MISC. No.84924 of 2025(2) dt.06-01-2026
                                                        2/2




                                   6 Considering the aforesaid facts, clean antecedent of

                      the petitioner and other circumstances of the case , in the event

                      of arrest or surrender within eight weeks from today, let the

                      petitioner, as named above, be enlarged 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 Additional

                      Chief Judicial Magistrate – II Sherghati Gaya in connection with

                      Mohanpur P.S. Case No. 61 of 2025 , subject to the conditions

                      laid down under section 482(2) of the                Bharatiya Nagarik

                      Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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