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Patna High Court

Suraj Kumar Gupta @ Suraj GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Suraj Kumar Gupta, was arrested in connection with a theft of a motorcycle and charged under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, arguing that the recovery was planted and that he had been detained merely on suspicion despite having ten prior criminal cases. The State opposed bail, citing the seriousness of the offence and his criminal antecedents. The court considered the charge‑sheet, the length of custody since 25‑07‑2025, and the lack of incriminating material recovered from the petitioner. It ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions under Section 480(3) of the BNSS, including attendance in court and a relative as a bailor. The bail may be cancelled if the petitioner defaults on the conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and having multiple prior criminal cases
  • Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail grant

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • Section 303(2) BNSS
  • Section 480(3) BNSS
  • high court
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91235 of 2025
                        Arising Out of PS. Case No.-298 Year-2025 Thana- BUXAR District- Buxar
                 ======================================================
                 Suraj Kumar Gupta @ Suraj Gupta Son of Vinod Kumar Shahu @ Vinod
                 Gupta Resident of Village- Hakimpur, P.S.- Itarhi, District- Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Jha, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with G.R. No. 1692 of 2025 arising out of Buxar

                   Town P.S. Case No. 298 of 2025 registered for the alleged

                   offences under Section 303(2) of Bharatiya Nyaya Sanhita,

                   2023.

                                03. As per prosecution case, the motorcycle for the

                   informant was stolen by unknown thief and the name of the

                   petitioner transpired during investigation for being involved in

                   the theft.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case and he is in custody since 25.07.2025. The petitioner has
Patna High Court CR. MISC. No.91235 of 2025(3) dt.24-02-2026
                                            2/3




          been apprehended merely on suspicion and also due to his

          criminal history as he has got criminal antecedent of altogether

          10 cases. The recovery shown from the petitioner is planted. In

          fact, nothing incriminating has been recovered from person or

          possession of this petitioner. Charge-sheet has been submitted.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner along with submission of

          charge-sheet, the petitioner above named is directed to be

          released on bail on furnishing bail bonds of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Additional Chief Judicial Magistrate,

          Buxar/court concerned in connection with G.R. No. 1692 of

          2025 arising out of Buxar Town P.S. Case No. 298 of 2025,

          subject to the conditions mentioned in Section 480(3) of BNSS

          and the 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.
           Patna High Court CR. MISC. No.91235 of 2025(3) dt.24-02-2026
                                                       3/3




                                  (iii) In case of absence on three consecutive dates

                                  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)
Ashish/-

U      T


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