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Patna High Court

Nitesh Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.88264 of 2025(2) dt.12-01-2026
                                             2/3




          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
           Patna High Court CR. MISC. No.88264 of 2025(2) dt.12-01-2026
                                                       3/3




                     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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