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Patna High Court

Md. RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Md. Raja, applied for anticipatory bail after being implicated in a case where his car, borrowed by a friend, was seized containing stolen items including goats, a dagger and a roof cutter. The FIR alleged offences under Sections 303(2), 317(4), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita. The petitioner argued that he was unaware of the illegal use of his vehicle and had no prior criminal record. The court considered the nature of the allegations, the petitioner’s lack of antecedents, and the fact that the car was lent to a friend without his knowledge. Finding no substantive basis to deny bail, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to a vehicle owner accused solely because his car was used for alleged theft and possession of stolen property.
  • Whether the petitioner’s lack of criminal antecedent and absence of knowledge of the illegal use of his car justify granting bail.
  • Whether Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to condition the bail.

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • possession of stolen property
  • vehicle ownership
  • criminal antecedent
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10185 of 2026
                            Arising Out of PS. Case No.-30 Year-2025 Thana- Baliya District- Purnia
                 ======================================================
                 Md. Raja S/o- Md. Rajjak Res of Village and post- Pothia PS- Pothia District-
                 Katihar
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :         Mr. N. K. Agrawal, Sr. Adv.
                                                      Dr. Bidhu Ranjan
                                                      Ms. Saroj Kumar Choudhary
                 For the Opposite Party/s :           Mr. Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   23-04-2026         1. Heard learned counsel for the petitioner and learned

                             Additional Public Prosecutor for the State.

                       2.    This application, for grant of anticipatory bail, arises out

                             of Balia Police Station Case No. 30 of 2025 disclosing

                             offences under Sections 303(2)/317(4)/317(5)/3(5) of the

                             Bhartiya Nyaya Sanhita.

                       3.    The prosecution case, as per the First Information Report,

                             is that on 19.06.2025 while the police party was on

                             patrolling duty, they intercepted a car in which 3 to 4

                             persons were sitting who fled away. Upon search, the

                             police found mobile phone, one steel dagger, one roof

                             cutter and ten goats (four she-goats and six he-goats) in

                             car and were seized along with vehicle. The police

                             suspects that goats and other articles kept in the car were
Patna High Court CR. MISC. No.10185 of 2026(3) dt.23-04-2026
                                            2/3




                  stolen one.

              4. Learned counsel for the petitioner submits that the

                  petitioner has been made accused in the present case

                  merely because he happens to be the owner of the car

                  which was borrowed by his friend Md. Tipu for some

                  emergency work and the petitioner was not aware about

                  the fact that his car was being used for illegal purposes.

                  The petitioner is having no criminal antecedent.

              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the nature of

                  allegation and the fact that the petitioner is having no

                  criminal antecedent and his car was borrowed by his

                  friend, I am inclined to grant the petitioner privilege of

                  anticipatory bail.

              6. This application is, accordingly, allowed.

              7. Let the petitioner, above named, in the event of his arrest

                  or surrender before the Court below within four weeks, be

                  released on bail on furnishing bail bond of Rs. 10,000/-

                  (Ten Thousand) each with two sureties of the like amount

                  each to the satisfaction of learned Additional Sessions

                  Judge XIV, Purnea, in connection with Balia Police

                  Station Case No. 30 of 2025, subject to the condition laid
            Patna High Court CR. MISC. No.10185 of 2026(3) dt.23-04-2026
                                                        3/3




                              down under Section 482 (2) of the Bhartiya Nagrik

                              Suraksha Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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