Patna High Court
Md. RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 303(2), 317(4), 317(5), 3(5)
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
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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
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down under Section 482 (2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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