Patna High Court
Krishna Kumar Chaudhary @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners, subject to a bond of Rs. 10,000 and two sureties.
Summary
The petitioners, Krishna Kumar Chaudhary and Ramvinay Kumar Yadav, were arrested in connection with a motorcycle theft case (Purnahiya PS Case No. 38 of 2025) and have been in custody since 1 September 2025. They were charged under Section 303(2) of the BNS. The petitioners contended that they were falsely implicated and pleaded innocence. The learned counsel for the State opposed bail, while the petitioners' counsel sought release on bail. Considering the nature of the allegation and the length of custody, the Court allowed the bail application, directing the petitioners to furnish a bail bond of Rs. 10,000 with two sureties, while expressly stating that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused persons charged under Section 303(2) of the BNS in view of the nature of the offence and the period of custody.
Legislation cited
- BNS — s. 303(2)
Subjects
- bail
- criminal procedure
- Section 303(2)
- motorcycle theft
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90637 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- PURNAHYA District- Sheohar
======================================================
1. Krishna Kumar Chaudhary @ Krishna Kumar S/O Sanjay Chaudhary R/O
Village- Laxmipur Ward No.-8, P.S.- Gaur, Dist.- Rauthat (Nepal)
2. Ramvinay Kumar Yadav @ Ram Niwash Yadav @ Ram Niwash
KumarYadav S/O Bigu Ray Yadav R/O Village- Laxmipur Ward No.-8, P.S.-
Gaur, Dist.- Rauthat (Nepal)
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar
For the Opposite Party/s : Mr.Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Purnahiya P.S. Case No. 38 of 2025 registered for the offence
under Sections 303(2) of the BNS.
3. As per the prosecution case, the petitioners are
accused of committing motorcycle theft.
4. The petitioner is in custody since 01.09.2025.
5. Learned counsel for the petitioners submits that
the petitioners are innocent and they have falsely been
implicated in this case.
6. Considering the nature of allegation levelled
Patna High Court CR. MISC. No.90637 of 2025(4) dt.09-04-2026
2/2
against the petitioners and the period of custody, this application
is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Purnahiya P.S.
Case No. 38 of 2025.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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