Patna High Court
Harsha Kumar @ SumanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Harsha Kumar, was arrested with a stolen motorcycle and charged under Sections 303(2), 317(2), 317(4), 111 and 3(5) of the BNS for multiple thefts. He applied for bail, claiming innocence despite having ten prior criminal cases and arguing that the charge sheet has already been filed, removing any risk of evidence tampering. The State opposed bail, emphasizing his apprehension at the scene and his criminal antecedent. The Court examined the custody period, the filing of the charge sheet, and the absence of any likelihood of tampering, and decided to grant bail. Bail was conditioned on a Rs.10,000 bond, two sureties, personal surety requirements, regular reporting to police, and compliance with trial attendance, with provisions for cancellation on breach.
Issues considered
- Whether bail should be granted to a person accused of multiple theft offences under the BNS despite a history of ten prior criminal cases.
- Whether the filing of the charge sheet eliminates the risk of tampering with evidence, justifying bail.
- Whether the seriousness of the offences and the fact that the accused was apprehended with the stolen property preclude bail.
Legislation cited
- BNS — s. 111, 303(2), 317(2), 317(4), 3(5)
Subjects
- bail
- theft
- stolen motor vehicle
- criminal antecedent
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89263 of 2025
Arising Out of PS. Case No.-258 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Harsha Kumar @ Suman S/O Aditya Singh R/O Village- Panhesa, P.S-
Panhesa, Distt.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Kabaiya P.S. Case No. 258 of 2025 registered for the offences
punishable under Sections 303(2), 317(2), 317(4), 111 and 3(5)
of the BNS.
3. As per prosecution case, three persons including
the petitioner were apprehended with the stolen motorcycle at
Pachana Road Bye Pass Chowk and apprehended co-accused
disclosed that this motorcycle has been stolen from Rajauli,
Nawada. The apprehended accused persons further disclosed
that black colored Honda Shine motorcycle bearing Registration
No. BR-21L-1809 from Rajgir Bus Stand and Hero Honda
Splendor bearing Registration No. BR-27-6572 from Nalanda
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University were stolen by them and both the motorcycles had
been parked at Lakhisarai Railway Station for sale. It is also
disclosed that white colored Apache Motorcycle from Koderma,
Jharkhand, Blue colored Glamour motorcycle from Sirdala,
Nawada and black colored splendor motorcycle from Jamui
Railway Station were stolen by the petitioner and others.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the FIR. He further submits that petitioner bears
criminal antecedent of ten cases. He further submits that
petitioner has falsely been roped in one case after another
without any basis in a routine manner. Petitioner is in custody
since 27.06.2025. Charge sheet has been submitted in the case
and there is no likelihood of tampering with the prosecution
evidence.
5. The learned A.P.P. for the State opposes the
prayer for bail of the petitioner by submitting petitioner is one
of the person who has been apprehended on the spot with the
stolen motorcycle and he bears criminal antecedent of ten cases.
Hence, petitioner does not deserve bail.
6. Considering the facts and circumstances of the
case, period of custody, charge sheet has been submitted in the
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case and there is no likelihood of tampering with the
prosecution evidence, argument advanced on behalf of both
sides and also taking into consideration the material available on
record, let the petitioner above named be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Lakhisarai in connection with
Kabaiya P.S. Case No. 258 of 2025, subject to following
conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on each and every date without fail and absence
on any date, without appropriate permission, would be a ground
for cancellation of bail by the learned Trial court itself.
(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) Petitioner shall furnish mobile number at the
time of furnishing bail bond and the said mobile number shall
continue in operating condition till disposal of the case and he
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shall get his presence marked before the officer-in-charge of the
concerned police station on the first Tuesday of every month.
(Alok Kumar Pandey, J)
alok/-
U T
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