Created by Fuzzy Cloud

Patna High Court

Santosh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.