Patna High Court
Nitesh Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner, subject to monetary sureties and conditions, despite the seriousness of the charge and prior antecedents.
Summary
The petitioner, Nitesh Kumar Ray, was arrested on 2 July 2025 for allegedly stealing an informant's bag on a train, an offence alleged under Section 305(c) of the Bharatiya Nyaya Sanhita, 2023. The prosecution relied on the suspect's presence at the scene but no stolen article was recovered from his possession. The petitioner contended that he was falsely implicated, that the case was based merely on suspicion, and that the required compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was lacking. The State opposed bail, citing the petitioner’s three prior criminal antecedents and the seriousness of the charge. The Court, after considering the length of custody, lack of material evidence, and the statutory provisions, decided to grant bail subject to monetary sureties and specific conditions. The bail order required a bond of Rs.15,000 with two sureties, a family member as one bailor, regular court appearances, and provisions for cancellation if evidence or witnesses were tampered with.
Issues considered
- What is the appropriateness of granting bail to an accused under Section 305(c) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of the case?
- Does non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 affect the grant of bail?
- Is mere suspicion sufficient to justify continued detention without recovery of the alleged stolen property?
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 305(c)
Subjects
- bail
- criminal procedure
- Section 305(c)
- Bharatiya Nyaya Sanhita
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- conditions of bail
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88264 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- DARBHANGA RAIL P.S. District-
Samastipur
======================================================
Nitesh Kumar Ray Son of Late Jamun Ray Resident of Hanuman Nagar,
Mishra tola(Nag mandir), ward no 18, P.S.- Kotwali (Town), District-
Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Govind Raj Shahi, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
GRP/DBG P.S. Case No. 92 of 2025 instituted for the offences
under Section 305(c) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the petitioner
allegedly took the informant’s bag while he was travelling in a
train, but was caught immediately and handed over to the police.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
name of the petitioner transpired in this case on the basis of
suspicion. No incriminating/looted article has been recovered
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from the conscious possession of the petitioner. Learned counsel
further submitted that petitioner has got no concern with the bag
of the informant. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 02.07.2025 and
has three criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with GRP/DBG P.S. Case
No. 92 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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