Patna High Court
Santosh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond, sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Santosh Ram, sought anticipatory bail in a case (Digha P.S. Case No.369 of 2025) filed under Section 303(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging theft of an Apache motorcycle registered in his brother's name. The prosecution alleged that the petitioner and co‑accused Pinku Kumar stole the motorcycle and fled the scene. The petitioner contended he was falsely implicated, that the motorcycle was later recovered from Pinku Kumar, and that he had given Rs.80,000 to the informant for a car which was never arranged, suggesting a motive for false accusation. He also highlighted his clean antecedent and willingness to cooperate with the investigation. The court, after considering the submissions and the nature of the allegation, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 303(2) of the B.N.S., 2023.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the clean antecedent and circumstances justify bail despite the seriousness of the alleged theft.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 303(2), 482(2)
Subjects
- anticipatory bail
- theft
- motorcycle
- Section 303
- Section 482
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15943 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- DIGHA District- Patna
======================================================
Santosh Ram Son of Jai Kishor Ram Resident of Village- Karpi Puran, P.S.-
Karpi, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate.
For the Opposite Party/s : Mr. Pranav Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 29-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Digha P.S. Case No.369 of 2025 instituted under Section
303(2) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that his Apache motorcycle bearing Registration
No.BR01JC9014 which was registered in the name of his
brother Raju Kumar was stolen outside the door of his rented
house situated at Balu Road Ganganagar, P.S. Digha where the
petitioner and co-accused Pinku Kumar were also living. It is
alleged that since the day of occurrence, the petitioner and co-
accused both disappeared from their respective rented house and
informant claimed that the alleged motorcycle was stolen by the
Patna High Court CR. MISC. No.15943 of 2026(3) dt.29-04-2026
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petitioner and co-accused Pinku Kumar.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the recovery of alleged stolen
motorcycle was made from the possession of co-accused Pinku
Kumar and no incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel
submits that Rs.80,000/- was given by the petitioner to
informant for purchasing a four wheeler car but the informant
did not arrange the financing of car in favour of petitioner and
with mala fide he had implicated the petitioner. He further
submits that petitioner has got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioner as well as his clean
antecedent, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount to each to the
Patna High Court CR. MISC. No.15943 of 2026(3) dt.29-04-2026
3/3
satisfaction of the learned Chief Judicial Magistrate, Patna/
concerned Court in connection with Digha P.S. Case No.369 of
2025, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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