Patna High Court
Shani Kumar @ Sani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 309(4), 482(2)
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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