Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Satish Kumar was implicated in a theft case (PS Makhdumpur Case No. 918 of 2025) under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023, based on an informant's claim that he and two others stole gold ornaments. The petitioner argued that the case was filed due to personal enmity and that there were no independent witnesses or incriminating material recovered from him or his residence. The State opposed his request for anticipatory bail. The court noted the petitioner’s clean antecedent, the absence of recovered evidence, and the lack of independent witnesses, and therefore decided to grant anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. The bail order required a bond, sureties, and compliance with conditions such as appearing before the trial court and not tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nyaya Sanhita in a theft case where no incriminating evidence has been recovered and there is no independent witness.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 482(2)
Subjects
- anticipatory bail
- theft
- Section 303(2)
- Section 482(2)
- Bhartiya Nyaya Sanhita
- clean antecedent
- lack of evidence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10225 of 2026
Arising Out of PS. Case No.-918 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Satish Kumar S/o Pintu Chaudhary Resident of Village - Fatehpur, P.S -
Makhdumpur, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Mishra, Adv.
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Makhdumpur P.S. Case No. 918 of 2025 dated 25.11.2025
registered for the offence punishable under Section/s 303(2) of
the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on 25.11.2025 at about
01:00 A.M., the informant saw three persons, including the
petitioner, stealing articles after unlocking the Godrej. On being
noticed, the accused pushed her and fled from the roof, and she
later found several gold ornaments missing.
4. Learned counsel for the petitioner submits that for an
allegation of tying cattle and cow-dungs as also for ulterior
reasons, the instant case has been registered and the petitioner
has falsely been roped in this case due to personal grudge and
Patna High Court CR. MISC. No.10225 of 2026(2) dt.25-02-2026
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dirty village politics.
5. It is the case of the petitioner that there is no
independent witness to the allegations, which is leveled against
the petitioner and the petitioner is a man of means and is ready
to abide by the terms and conditions imposed in this case, in
case the benefit of privilege of anticipatory bail is extended to
him. It is further submitted that the nothing incriminating has
been recovered from conscious possession of the petitioner or
from his house, which has been put on search in his absence.
6. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
7. Having heard learned counsel for the parties and
considering the fact that nothing incriminating is said to have
been recovered from the conscious possession of the petitioner
or from his house, the petitioner being a person of clean
antecedent as also there being no independent witness to the
alleged occurrence, this Court is inclined to grant anticipatory
bail to the petitioner.
8. Let the petitioner, above named, be released on
anticipatory bail in the event of his arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
Patna High Court CR. MISC. No.10225 of 2026(2) dt.25-02-2026
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two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-1, Jehanabad in
connection with Makhdumpur P.S. Case No. 918 of 2025,
subject to the condition as laid down under Section 482(2) of
the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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