Nagina Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10286 of 2026 Arising Out of PS. Case No.-96 Year-2025 Thana- JURAWANPUR District- Vaishali ====================================================== Nagina Rai Son of Basu Rai R/O Village - Chhapra, Ward No.- 5, P.S.- Patori, District - Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Paswan, Adv Mr. Amar Kumar, Adv Ms. Deepshikha, Adv Mr. Suraj Kumar, Adv For the Opposite Party/s :
Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 03-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Jurawanpur P.S. Case No. 96 of 2025 registered for the offence punishable under Sections 303(2), 317(5) and 3(5) of B.N.S.
3. Earlier also the petitioner had prayed for the grant of bail vide Cr. Misc. No. 52681 of 2025 which was rejected on 11.08.2025.
4. The case of the prosecution, in short, is that an application was submitted by the informant alleging therein that on 06.05.2025 at 17:00 hours, he along with his associates were on patrolling duty at 21:30 hours and they started checking the
2/4 vehicle at Thanda Tole, two motorcycle riders saw the police and tried to escape but one was apprehended who happens to be the petitioner and the other fled away. The apprehended person i.e., the petitioner did not show any document of the said motorcycle. The motorcycle was stolen motorcycle for which Bidupur P.S. Case No. 119 of 2024 was already registered.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. No incriminating material has been recovered from the conscious physical possession of the petitioner. He further submits that the petitioner is in custody since 07.05.2025 and charge-sheet has already been filed. The petitioner has no criminal antecedent.
6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
7. Considering the fact that the petitioner is in custody since 07.05.2025 which is almost 11 months and after the passing of the order dated 11.08.2025 in Cr. Misc. No. 52681 of 2025, charge has already been framed on 20.01.2026, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner, above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees
3/4 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jurawanpur P.S. Case No. 96 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates without substantial reason 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) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step 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.
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9. Accordingly, the prayer for bail is allowed. (Alok Kumar Sinha, J) kiran/- U T