Patna High Court

Sachin KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Sachin Kumar applied for bail in a case registered under Sections 303(2), 317(2) and 3(5) of the B.N.S., 2023 concerning a stolen bike. The prosecution alleged that the informant’s bike was stolen by unknown persons, while the petitioner’s counsel argued that he was not named in the FIR, had no criminal antecedent, and that the recovery was made from three other persons, not from him. The counsel also highlighted an 11‑day delay in lodging the FIR and pointed out that a co‑accused had already been granted bail in a similar case. The State opposed the bail application. After hearing both sides, the court found the petitioner’s arguments persuasive and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner given the alleged offences under the B.N.S., 2023 and the circumstances of the investigation.

Legislation cited

B.N.S., 2023 — s. 303(2), 317(2), 3(5)

Subjects

bail
criminal procedure
delay in FIR
false implication
co‑accused bail precedent
surety
B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91059 of 2025
                       Arising Out of PS. Case No.-172 Year-2025 Thana- PIPRAHI District- Sheohar
                 ======================================================
                 Sachin Kumar Son of Jimdar Ray Resident of Village- Sonaul Sultan, P.S.-
                 Purnahiya, District- Sheohar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Pushpendra Kumar Singh, Advocate
                                                   Ms. Divya Bharti, Advocate
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Piprahi P.S. Case No. 172 of 2025 registered for the

                   offence punishable under Sections 303(2), 317(2), 3(5) of the

                   B.N.S., 2023.

                                 3. The case of the prosecution is that the informant’s

                   bike was stolen by unknown miscreants.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The petitioner is not named in FIR. Learned counsel for

                   the petitioner submits that during the course of investigation,
Patna High Court CR. MISC. No.91059 of 2025(2) dt.05-02-2026
                                            2/3




          police had information that three persons had gathered to sell a

          stolen bike and two bikes were recovered from them. One of

          the bikes is the stolen bike. He also submits that nothing has

          been recovered from the possession of this petitioner rather the

          recovery was made from the joint possession of three persons.

          There is also delay of 11 days in lodging the FIR without

          explaining the plausible reason. A statement has been made in

          para-3 of this petition that the petitioner has got no criminal

          antecedent. Moreover, petitioner is languishing in judicial

          custody since 09.09.2025. It has further been submitted that

          similarly situated other co-accused person has already been

          granted bail by this court vide order dated 15.12.2025 passed

          in Cr. Misc. No. 84921 of 2025. The case of this petitioner

          stands on similar footing.

                       5. The application for bail is opposed by learned

          APP for the State.

                       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
            Patna High Court CR. MISC. No.91059 of 2025(2) dt.05-02-2026
                                                        3/3




                      Judicial Magistrate, 1st Class, Sheohar in connection with

                      Piprahi P.S. Case No. 172 of 2025.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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