Patna High Court
Nandu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Nandu Rai, was arrested on 19 July 2025 in connection with a theft of a motorcycle and charged under section 303(2) of the B.N.S., 2023 (Case No. 150 of 2025). He remained in custody without any recovery of the stolen vehicle. The petitioner applied for bail, arguing that the nature of the allegation and the length of his detention warranted release. The court considered the seriousness of the charge, the absence of recovery, and the period of custody, and decided to grant bail. Bail was set at a cash bond of Rs.10,000 with two sureties of the same amount, both to be close relatives, and the petitioner was required to appear at the police station every Sunday, with non‑appearance leading to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in a theft case under section 303(2) of the B.N.S., 2023 considering the nature of the offence and period of custody.
Legislation cited
- B.N.S., 2023 — s. 303(2)
Subjects
- bail
- theft
- section 303(2)
- B.N.S. 2023
- custody
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87789 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Nandu Rai S/o Jagropan Rai @ Gariwan Rai Resident Of Village- Barka
Chanda, PS- Koilwar, Dist- Bhojpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Arvind Prasad Singh, Advocate
For the State : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bahadurpur P.S. Case No.150 of 2025 registered for the offence
under section 303(2) of the B.N.S., 2023.
3. The petitioner is accused of committing theft
of a motorcycle.
4. There is no recovery from the petitioner. He
is in custody since 19.07.2025.
5. Considering the nature of allegation levelled
against the petitioner and also the period of custody of the
petitioner, this bail application is allowed.
6. Let the petitioner, above named, 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
Patna High Court CR. MISC. No.87789 of 2025(5) dt.25-03-2026
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learned Judicial Magistrate, 1st Class, Patna / concerned Court
below, in connection with Bahadurpur P.S. Case No.150 of
2025, subject to the condition that both the bailors will be the
close relatives of the petitioner.
7. This is also subject to the condition that the
petitioner, after being released on bail, is directed to mark his
attendance at Koilwar Police Station, District- Bhojpur, on every
Sunday of the month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
pawan/-
U T
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