Patna High Court
Hastanand @ Hastanand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to a bail bond and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, owners of trucks seized by police, were charged under Sections 188, 353 and 34 of the Indian Penal Code after their drivers allegedly removed the trucks without their knowledge or consent. They filed an anticipatory bail petition, asserting that they had no participation in the alleged offences and possessed a clean antecedent, while a co‑accused had already been granted anticipatory bail in a related case. The State opposed the bail. The Court examined the facts, the lack of direct involvement of the petitioners, and the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, and ordered that the petitioners be released on bail if arrested within eight weeks, upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the conditions of Section 482.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the charges under the Indian Penal Code.
- Whether the petitioners' lack of knowledge or consent regarding the drivers' actions absolves them from liability.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 188, 34, 353
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- clean antecedent
- seized trucks
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.351 of 2026
Arising Out of PS. Case No.-408 Year-2020 Thana- DARIYAPUR District- Saran
======================================================
1. Hastanand @ Hastanand Kumar S/o- Satish Kumar @ Satish Kumar Singh
Village- Pratappur, Ps- Barahiya Dist- Lakhisarai
2. Manish Kumar Singh @ Manish Singh S/o- Satish Kumar @ Satish Kumar
Singh Village- Pratappur, Ps- Barahiya Dist- Lakhisarai
3. Satish Kumar @ Satish Kumar Singh S/o- Late Chambrika Singh Village-
Pratappur, Ps- Barahiya Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar Yadav
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 188, 353, 34 of the
Indian Penal Code.
3. Petitioners are owners of the seized trucks, which
were taken away by the concerned drivers of trucks.
4. Learned counsel for the petitioners submits that
though petitioners are owners, but without their knowledge or
consent, the drivers took away the seized trucks, which were
detained by police. Petitioners are no where involved in the
alleged offence and only due to laches on the part of concerned
drivers, petitioners cannot be held responsible. Similarly
situated co-accused Suresh Kumar has already been granted
Patna High Court CR. MISC. No.351 of 2026(2) dt.21-01-2026
2/2
anticipatory bail by a coordinate Bench of this Court, vide order
dated 15.05.2024 passed in Cr.Misc. No. 29479 of 2024.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Saran at Chapra in
connection with Dariyapur P.S. Case No. 408 of 2020, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…