Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to both petitioners.
Summary
The petitioners, Bhola Kumar and Amit Kumar, were arrested in Nawada district on suspicion of bike theft and were alleged to have confessed to the crime during police interrogation. The prosecution claimed that the two jointly stole bikes, removed their number plates, and concealed them in a house, from which two bikes were later recovered, although the recovery was from a third person's house. The petitioners argued that the prosecution's case was inconsistent because no bikes were recovered from either of their premises and that they had been in judicial custody since August 14, 2025. The State opposed bail, highlighting prior criminal antecedents of four cases against Bhola Kumar and one case against Amit Kumar. The court examined the lack of direct recovery from the petitioners and considered the principle of regular bail, concluding that the prosecution had not established a strong prima facie case to deny bail. Accordingly, the court ordered the release of both petitioners on bail of Rs.10,000 each with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail under Sections 303(2), 317(5), 111(2), 316(2) and 318(4) of the B.N.S. given the facts of the case
- Whether the prosecution has established a sufficient prima facie case to justify denial of bail
Legislation cited
- B.N.S. — s. 111(2), 303(2), 316(2), 317(5), 318(4)
Subjects
- bail
- regular bail
- criminal procedure
- theft
- confession
- antecedent
- B.N.S.
- police raid
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87251 of 2025
Arising Out of PS. Case No.-441 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Bhola Kumar S/o Harishchandra Yadav R/o Village - Bhaur, P.S - Rajauli,
District - Nawada
2. Amit Kumar S/o Amresh Prasad R/o Village - Siro Dabar, P.S - Rajauli,
District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a case
registered for the offence punishable under Sections 303(2),
317(5), 111(2), 316(2) and 318(4) of the B.N.S.
3. The case of the prosecution, in short, is that police
had secret information that the petitioners and others are involved
in committing theft of bikes. On this information police conducted
a raid and apprehended Bhola Kumar (petitioner no.1). During
interrogation, Bhola Kumar confessed of committing theft of bikes
and handed them for sale to Amit Kumar (petitioner no.2). After
this, Amit Kumar was apprehended who further admitted that both
of them jointly committed theft of bikes, removed their number
Patna High Court CR. MISC. No.87251 of 2025(2) dt.06-01-2026
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plates and concealed them in a house. On this information the
house of Bipin Kumar of village Chautha was raided, however,
Bipin Kumar managed to escape. Two bikes were recovered from
the said house and it was later disclosed that the house belongs to
Sanoj Yadav.
4. Learned counsel for the petitioners submits that as
per the case of the prosecution both the petitioners were involved
in committing theft of bikes and selling them on low price. After
getting clue from petitioner no.1 the house of petitioner no.2 was
raided but recovery has been made from the house of a third
person. Learned counsel for the petitioners has submitted that the
story which has been created by the prosecution does not connect
itself as the recovery has not been made from any of the
petitioners. Learned counsel for the petitioners has lastly submitted
that the petitioners are in judicial custody since 14.08.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioners and has
submitted that petitioner no.1 is having criminal antecedent of four
cases and petitioner no.2 is having criminal antecedent of one
case.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioners are directed to be released on bail in
Patna High Court CR. MISC. No.87251 of 2025(2) dt.06-01-2026
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connection with Rajauli P.S. Case No. 441 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) each of them with two
sureties of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Nawada.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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