Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.