Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release on a bail bond with sureties.
Summary
The petitioner, Rakesh Kumar, was arrested in connection with the alleged theft of a water lifting motor, alleged to have been stolen by unknown persons and recovered by a person named Chhotu Kumar. The prosecution alleged that the petitioner was involved in the theft, while the petitioner contended that no material was recovered from his possession and that he was being framed due to his prior criminal record. The petitioner applied for regular bail under Sections 303(2), 334(1), 317(2) and 3(5) of the BNS, asserting that he had been in judicial custody since 18‑08‑2025 and that the evidence against him was insufficient. The State opposed bail, highlighting the petitioner’s two prior criminal cases. After considering the facts, the court found no compelling reason to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Supaul.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under Sections 303(2), 334(1), 317(2) and 3(5) of the BNS.
- Whether the petitioner’s prior criminal antecedents justify the denial of bail.
Legislation cited
- BNS — s. 303(2), 317(2), 334(1), 3(5)
Subjects
- bail
- theft
- criminal antecedent
- regular bail
- motor theft
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87261 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- JADIA District- Supaul
======================================================
Rakesh Kumar S/o Jogendra Yadav @ Yogendra Yadav Resident of Village-
Jadiya, Ward No. 06, P.S- Jadia, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 303(2),
334(1), 317(2) & 3(5) of the BNS.
3. The case of the prosecution, in short, is that a
water lifting motor of the informant was stolen by unknown
miscreants. It is alleged that Chhotu Kumar called the informant
as he has restrained the petitioner at his shop who has come to
sell a motor and is the same which was stolen.
4. Learned counsel for the petitioner submits that
from perusal of the seizure list it will transpire that Chhotu
Kumar has apprehended the motor which is said to be stolen and
from that seizure list it is not clear as to how the petitioner has
Patna High Court CR. MISC. No.87261 of 2025(2) dt.05-01-2026
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been implicated. Learned counsel for the petitioner has
submitted that nothing has been recovered from the possession
of this petitioner and he has been framed in this case due to his
antecedent. Learned counsel for the petitioner has lastly
submitted that the petitioner is in judicial custody since
18.08.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and
has submitted that the petitioner is having criminal antecedent
of two cases.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Jadia P.S. Case No. 173 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Supaul.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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