Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary bond and specific conditions.
Summary
The petitioner, Abhishek Kumar, sought bail in a case (Barun P.S. Case No. 259 of 2025) involving alleged theft of a motorcycle under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the motorcycle was stolen by unknown persons, but the petitioner was not named in the FIR and no incriminating article was found in his possession; the stolen vehicle was recovered outside his house. The petitioner’s counsel argued that he had been falsely implicated, that a thorough investigation (T.I.P.) had not been conducted, and highlighted his custody since July 2025 and prior criminal antecedents. The State opposed bail. Considering the lack of direct evidence, the duration of custody, and the absence of a charge sheet, the court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and future offences. The bail order was issued after directing that charges be framed if not already done.
Issues considered
- Whether bail should be granted to the accused under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the lack of incriminating material and the duration of custody.
- Whether the absence of a T.I.P. (time of investigation) report or charge sheet precludes granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
Subjects
- bail
- criminal procedure
- theft
- motorcycle theft
- Bharatiya Nyaya Sanhita
- Section 303
- Section 317
- conditions of bail
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88419 of 2025
Arising Out of PS. Case No.-259 Year-2025 Thana- BARUN District- Aurangabad
======================================================
Abhishek Kumar Son of Late Rajaram Singh Resident of Village and P.S.-
Tilauthu, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, 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 Barun
P.S. Case No. 259 of 2025 instituted for the offences under
Sections 303(2), 317(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the motorcycle of
the informant which was parked by him in the campus of
Community Health Centre, Barun was stolen by unknown
persons.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The petitioner has been
remanded in this case from Tilauthu P.S. Case No. 180 of 2025.
Patna High Court CR. MISC. No.88419 of 2025(2) dt.12-01-2026
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No incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery of the
motorcycle was made outside the house of the petitioner.
Learned counsel further submitted that T.I.P. has not been
conducted till date to ascertain the involvement of the petitioner
in the alleged offence. Learned counsel further submitted that
petitioner has got no concern with the stolen motorcycle. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 08.07.2025 and has five criminal antecedents.
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 Barun P.S. Case No.
259 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.88419 of 2025(2) dt.12-01-2026
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(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
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.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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