Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Krishna Kumar was arrested in connection with the recovery of a stolen motorcycle and a country-made pistol, and charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. He applied for regular bail, claiming innocence and false implication, and highlighted that co‑accused had already been granted bail and that he had been in judicial custody since 2 August 2025. The State opposed the bail. After considering the facts, the court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions such as regular court attendance, cooperation in trial, and restrictions on tampering with evidence. The bail was granted subject to these conditions. The application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act given the nature of the offences.
- Whether the circumstances, including the petitioner’s claim of false implication and the bail status of co‑accused, justify granting bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 317(4), 317(5), 336(3), 338, 340(2)
Subjects
- regular bail
- criminal procedure
- theft
- arms possession
- high court
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87426 of 2025
Arising Out of PS. Case No.-370 Year-2025 Thana- DUMRA District- Sitamarhi
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Krishna Kumar S/o Shiv Shankar Rai @ Shiv Shankar Yadav R/o village -
Amana @ ward no. -10, Majhaura Amana, P.S. -Sursand, Dist. - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Dumra P.S.
Case No. 370 of 2025 dated 01-08-2025 registered under
Sections 317(4), 317(5), 338, 336(3), 340(2) and 111 of the
Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)a, 26 and 35
of the Arms Act.
3. The allegation against the petitioner is that one
stolen motorcycle bearing Registration No.BR-30-AQ-8058 and
a country-made pistol were recovered from his possession.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that altogether five persons
were apprehended along with five motorcycles and on the basis
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of the alleged statements of the apprehended persons a
subsequent raid was conducted at a bamboo clump in Parsauni
village, resulting in the recovery of three motorcycles from
other co-accused persons. It is also submitted that none of the
apprehended persons could produce valid documents with
regard to the ownership of the recovered motorcycles. Learned
counsel further submits that several other co-accused persons
have already been granted bail by the learned court below.
Lastly, it is submitted that the petitioner has been in judicial
custody since 02.08.2025 and has four criminal cases, in all of
which he is already on bail.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned CJM, Sitamarhi/
concerned Court in connection with Dumra P.S. Case No. 370 of
2025, subject to the following conditions:-(i) that the petitioner
shall co-operate in the trial and shall be properly represented on
each and every date fixed by the Court and on his absence on
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two consecutive dates without sufficient reason, his bail bond
shall be cancelled by the court below, (ii) that one of the bailors
will be his own blood relation, preferably father, mother,
brother, sister and or his wife, (iii) that the bailor shall also state
on affidavit that he will inform the court concerned if the
petitioner is made accused in any other case of similar nature
after his release in the present case and thereafter the court
below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
of bail and (v) that the petitioner will appear before the SHO of
concerned PS in the first week of each month till the framing of
charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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