Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Rahul Kumar was arrested in connection with a case registered under Section 317(5) of the B.N.S for allegedly possessing a stolen bike that was being negotiated for sale. The petitioner claimed he was innocent, forced by police to act as a witness, and subsequently framed when he refused. He had been in judicial custody since 17 August 2025 and sought bail. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioner's claim of false implication and granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Chief Judicial Magistrate of Sheohar.
Issues considered
- Whether bail should be granted to the petitioner under Section 317(5) of the B.N.S.
- Whether the petitioner’s claim of being falsely implicated and forced to be a witness warrants bail.
- Whether the case is triable by a Judicial Magistrate 1st Class and the bail conditions appropriate.
Legislation cited
- B.N.S. — s. 317(5)
Subjects
- bail
- stolen bike
- false implication
- judicial custody
- Section 317
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91953 of 2025
Arising Out of PS. Case No.-165 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
======================================================
Rahul Kumar, S/o Santosh Giri, R/o Village - Pojhiyan, P.S - Tariyani, District
- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Prasad Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Tariyani P.S. Case No. 165 of 2025 registered for the
offence punishable under Section 317(5) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner was found with a stolen bike. The police had
information that a person is negotiating to sell stolen bike for
Rs. 3,000/-.
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. It has further been submitted that the real fact is that the
petitioner was there and police forced him to become witness.
Patna High Court CR. MISC. No.91953 of 2025(2) dt.29-01-2026
2/2
As he refused, he has been framed in this case. Nothing has
been recovered from his possession. It has also been submitted
that this case is triable by Judicial Magistrate 1 st Class.
Petitioner is languishing in judicial custody since 17.08.2025.
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 Chief
Judicial Magistrate, Sheohar in connection with Tariyani P.S.
Case No. 165 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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