Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that, due to the lack of material recovered from the petitioner and the police's failure to follow Section 105 of the B.N.S.S., the petitioner is entitled to bail.
Summary
Rahul Kumar was arrested in a case of stolen bicycles registered under Sections 317(2), 317(4), 338, 336(3) and 3(5) of the B.N.S. The prosecution alleged that he was found with a seized bike but could not produce any documents for it, while the petitioner claimed he was an innocent passer‑by and that the main accused had fled. He further contended that the police seizure did not comply with Section 105 of the B.N.S.S. and that he had been in judicial custody since 21‑05‑2025. The State opposed bail, but the Court, after hearing both sides, found the petitioner’s claim credible and noted the procedural lapse in the seizure. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the Judicial Magistrate‑FC, Motihari.
Issues considered
- Whether the petitioner is entitled to bail in the theft case.
- Whether the police seizure complied with Section 105 of the B.N.S.S.
- Whether the petitioner is a co‑accused or merely a passer‑by.
Legislation cited
- B.N.S. — s. 105, 317(2), 317(4), 336(3), 338, 3(5)
Subjects
- bail
- theft
- stolen vehicle
- police seizure
- Section 105
- judicial custody
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90581 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- Gadhiya Bazar District- East Champaran
======================================================
Rahul Kumar, S/o- Jagarnath Das @ Jagarnath Das, R/v- Purani Bazar
Madhuban, P.s.- Madhuban, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Garahiya Bazar P.S. Case No. 97 of 2025 registered for the
offence punishable under Sections 317(2), 317(4), 338, 336(3)
and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
police had information that certain accused were involved in
sale of stolen bikes. On this input, checking of the vehicle was
started. One bike was intercepted. It is alleged that one person
managed to flee away whereas the petitioner was apprehended
with a bike. The petitioner could not show the documents
regarding the bike.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.90581 of 2025(2) dt.16-01-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. It has further been submitted that actually the main
accused has fled away. Petitioner is only the passerby. Nothing
has been recovered from his possession. It has also been
submitted that witnesses of the seizure list are police personnel.
Police has not followed Section 105 of the B.N.S.S. while
making the seizure. Petitioner is languishing in judicial custody
since 21.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate-F.C., Motihari, East Champaran in connection with
Garahiya Bazar P.S. Case No. 97 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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