Patna High Court
Ayush RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail under Section 480(3) of the B.N.S.S.
Summary
Ayush Raj was arrested in connection with a case involving the alleged riding of a stolen motorcycle and charged under several sections of the B.N.S., 2023. He claimed that he had purchased the motorcycle in good faith, had a clean antecedent, and that the chargesheet had already been filed. The State opposed his bail application. The court, after considering his clean record, the duration of his custody since 17 October 2025, and the submission of the chargesheet, applied Section 480(3) of the B.N.S.S. and granted bail on a bond of Rs.10,000 with two sureties and specific conditions. The bail order required a close relative as one bailor and compliance with attendance requirements, with cancellation provisions for violations.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 317(5), 318(4), 336(3), 338, 340(2), 3(5)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- criminal procedure
- theft
- stolen vehicle
- clean antecedent
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9015 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- Bahera District- Gaya
======================================================
Ayush Raj Son of Ambuj Kumar @ Ambuj Prasad, Resident of village
Jamuara, Kala, P.S.- Roushanganj, District – Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Bahera P.S. Case No. 152 of 2025 dated
17.10.2025, registered for the offences punishable under
Sections 317(5), 318(4), 338, 336(3) and 340(2) read with
Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, petitioner and other
co-accused were apprehended riding a stolen motorcycle.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The petitioner purchased the
motorcycle in question without knowing the fact that the same is
stolen. Learned counsel next submits that petitioner is having
Patna High Court CR. MISC. No.9015 of 2026(2) dt.17-02-2026
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clean antecedent and chargesheet has been submitted. Learned
counsel lastly submits that petitioner is in custody since
17.10.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering
petitioner’s clean antecedent, his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-I, Sherghati, Gaya / concerned Court,
in connection with Bahera P.S. Case No. 152 of 2025, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
Patna High Court CR. MISC. No.9015 of 2026(2) dt.17-02-2026
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or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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