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Patna High Court

Harsha Kumar @ SumanversusThe State of Bihar

Decided
Disposal
ALLOWED

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
Patna High Court CR. MISC. No.89263 of 2025(2) dt.12-01-2026
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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
Patna High Court CR. MISC. No.89263 of 2025(2) dt.12-01-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.89263 of 2025(2) dt.12-01-2026
                                                         4/4




                       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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