Patna High Court
Saroj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Saroj Kumar, sought anticipatory bail fearing arrest in a case (Gandhi Maidan P.S. Case No. 256 of 2025) for an alleged theft under Section 303(2) of the Bharatiya Nyaya Sanhita. He contended that CCTV footage showed only the co‑accused, Mohammad Sarfaraz, stealing the scooter, which the petitioner later purchased in good faith for Rs. 5,000, unaware it was stolen. He also argued that the alleged offence under Section 317(2) does not apply to him and highlighted his young age and the recovery of the vehicle. The State opposed the bail. Considering the petitioner’s lack of knowledge, the recovery of the vehicle, and the absence of a need for police custody, the Court granted anticipatory bail, imposing a bail bond of Rs. 20,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is liable for the offence under Section 303(2) of the Bharatiya Nyaya Sanhita despite claiming bona‑fide purchase of the stolen vehicle.
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS in the circumstances presented.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2), 482(2)
Subjects
- anticipatory bail
- theft
- stolen vehicle
- Section 303
- Section 317
- Section 482
- Bharatiya Nyaya Sanhita
- young age
- police custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11119 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- GANDHIMAIDAN District- Patna
======================================================
Saroj Kumar S/O Vyas Ray, R/O Village- Rampur, Shyamchand, P.S-
Raghopur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Adv.
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Gandhi Maidan P.S. Case No. 256 of 2025
registered for the offence punishable under section 303(2) of the
Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
from the CCTV footage, only the co-accused, Mohammad
Sarfaraz @ Golu Alam was seen stealing the informant’s scooty,
though the same was found in the possession of this petitioner
but in fact the petitioner bonafidely purchased the alleged
vehicle by paying a consideration amount of Rs. 5,000/- and in
this regard, the apprehended co-accused made his statement
before the police while recording his confessional statement. It
is further submitted that the petitioner is a young person and
Patna High Court CR. MISC. No.11119 of 2026(2) dt.26-02-2026
2/3
there is only one case against him which relates to the allegation
of his escaping from the police custody, however, the same was
lodged in the same transaction of the alleged occurrence of the
present matter. It is lastly submitted that the alleged offence
under section 317(2) of BNS does not attract against the
petitioner as he purchased and retained the alleged vehicle
bonafidely without having the knowledge of the same being a
stolen vehicle.
4. Learned APP for the State has opposed the
prayer of the petitioner.
5. In the facts and circumstances of this case,
considering the aforesaid submissions and the pleas taken by the
petitioner in his petition, mainly coupled with petitioner's young
age and the fact that the stolen vehicle has been recovered and
the prosecution has not shown the requirement of the
petitioner’s police custody for interrogation, this Court is
inclined to grant the relief of anticipatory bail to the petitioner.
Accordingly, let the petitioner named-above, in the event of his
arrest or surrender before the learned Court below within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.11119 of 2026(2) dt.26-02-2026
3/3
satisfaction of the Court concerned in connection with Gandhi
Maidan P.S. Case No. 256 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
U T
Checking your session…