Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Rahul Kumar was arrested in connection with a theft of a motorcycle and charged under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the motorcycle was missing and that the petitioner’s confession led to its recovery, though not from his residence. The petitioner contended that he was not named in the FIR, was falsely implicated due to prior similar offences, and that no incriminating article was found in his possession nor any eyewitness. The State opposed bail, but the court considered the lack of direct evidence, the petitioner’s custody since June 2025, and his criminal antecedents. The court granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including personal appearance at trial, verification of antecedents, and periodic reporting to the Superintendent of Police. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the accused in a theft case under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of alleged false implication and prior criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- bail
- theft
- motorcycle
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 303(2)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85591 of 2025
Arising Out of PS. Case No.-390 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Rahul Kumar, S/O Sri Saryug Thathera @ Saryug Prasad, Resident of
Mohalla- Chankya Nagar, Bhagwat Nagar, P.S Agamkuan, Dist.- Patna,
Permanent Add. Mohalla- Atasaray, P.S.- Islampur, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Manglam, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Agamkuan P.S. Case No. 390 of 2025
registered for the offence punishable under Section 303(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that he had parked his motorcycle in the evening and
later he found that his motorcycle was missing.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and during the course of
investigation, the petitioner has been falsely implicated in the
present case only because he carries three criminal antecedents
Patna High Court CR. MISC. No.85591 of 2025(2) dt.08-01-2026
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of a similar nature against him. It has further submitted that no
incriminating article has been recovered from the conscious
possession of the petitioner, however, the police has shown that
it is on his confession the motorcycle, which had gone missing,
was recovered, but not from the house of the petitioner. It has
next been submitted that there is no eyewitness to the
occurrence and even the seizure was not done as per law and he
is in custody since 20.06.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released 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
court below where the case is pending/successor court in
connection with Agamkuan P.S. Case No. 390 of 2025, subject
to the following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
Patna High Court CR. MISC. No.85591 of 2025(2) dt.08-01-2026
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the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Patna within fifteen days of
his release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct
of the petitioner will be kept under watch in this period
by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to
the court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court
concerned.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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