Patna High Court
Nitish Kumar Yadav @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Nitish Kumar Yadav, was arrested in connection with a case registered under Sections 317(3), 317(5) and 3(5) of the B.N.S. for allegedly keeping a stolen motorcycle in his residence. The prosecution alleged that the motorcycle was recovered from the petitioner’s house during a raid, suggesting his involvement in the possession of stolen property. The petitioner contended that the motorcycle was brought to the house by his younger brother, that the house is jointly owned, and that he has no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The High Court, after considering the facts, granted bail on the condition of a Rs.10,000 bond, two sureties, personal presence at trial, and compliance with other stipulated terms, noting that the order’s observations would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner under Sections 317(3), 317(5) and 3(5) of the B.N.S. considering the alleged possession of a stolen motorcycle.
- Whether the petitioner’s claim of lack of prior criminal antecedent and joint ownership of the house warrants bail.
Legislation cited
- B.N.S. — s. 317(3), 317(5), 3(5)
Subjects
- bail
- stolen motorcycle
- B.N.S.
- criminal antecedent
- joint house
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91400 of 2025
Arising Out of PS. Case No.-210 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Nitish Kumar Yadav @ Nitish Kumar Son of Late Vinod Yadav R/O- Kursela
Chowk, P.S.- Kursela, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Adv.
For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Kursela P.S. Case No. 210 of 2025 dated 20.09.2025 registered
for the offences punishable under Sections 317(3), 317(5) and
3(5) of the B.N.S.
3. As per the prosecution case, the police got an
information that the petitioner and others have kept stolen
motorcycle in their house and on raid, the same was recovered
from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.91400 of 2025(3) dt.11-02-2026
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petitioner has falsely implicated merely because the motorcycle
was recovered from the house of the petitioner. It has further
been submitted that it is not clear as to who has brought the said
motorcycle to the house and in fact the case of the petitioner is
that it was younger brother Chotu who had got the said
motorcycle. It has further been submitted that the said house is a
joint house of the petitioner along with his brother and the
allegation that the petitioner deal in share and purchase of stolen
motorcycle is also false and concocted. It has lastly been
submitted that the petitioner has clean antecedent and he is in
custody since 21.09.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor court
in connection with Katihar P.S. Case No. 210 of 2025, subject to
the following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
Patna High Court CR. MISC. No.91400 of 2025(3) dt.11-02-2026
3/3
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two 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.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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