Patna High Court
Saurabh MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to the conditions prescribed under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Saurabh Mishra, a 22‑year‑old student, was implicated in a theft case involving a truck carrying Emami goods, alleged under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, his father Uday Kumar Mishra, and the driver colluded to steal and sell the goods. The petitioner argued that the FIR primarily targets his father, that he had no role in the crime, and that no incriminating material was found on him. The State opposed the anticipatory bail, contending possible complicity. The court examined whether mere presence with his father at the FIR lodging could infer guilt and considered the petitioner’s youth and lack of evidence. Concluding that the allegations did not sufficiently implicate the petitioner, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is liable to be arrested under the FIR for theft of goods.
- Whether anticipatory bail is appropriate under the circumstances.
- Whether the petitioner’s presence with his father at the FIR filing indicates complicity.
- Applicability of Sections 316(2), 318(4) of the Bharatiya Nyaya Sanhita and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- theft
- criminal law
- Bharatiya Nyaya Sanhita
- Section 316
- Section 318
- Section 482
- collusion
- youth defendant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16893 of 2026
Arising Out of PS. Case No.-482 Year-2025 Thana- KANTI District- Muzaffarpur
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Saurabh Mishra Son of Uday Mishra Resident of East Ram Krishna Nagar, PS
-Ram Krishna nagar District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Priyedarshi, Adv.
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Kanti P.S. Case No.482 of 2025 registered for the offence
under Section 316(2), 318(4) of Bharatiya Nyaya Sanhita.
3. Prosecution case in, brief is, that informant was
working as a manager at CJDARCI. Logistics Limited. On
17.09.2025 at 23.40 hours the truck no. BROIGM4024 was
taken on rent by CJDARCL Logistics Limited for Rs. 34,000/-
from the owner Uday Kumar Mishra Construction Enterprises,
Janak Path East, Ram Krishna Nagar, Near GDM Hospital,
Patna. The owner of the aforesaid truck was Uday Kumar
Mishra abd Saurabh Mishra and driver Shiv Prasad Rai were
also involved in crime. The truck bearing registration no.
BR01GM4024 was booked through informant's branch officer
Patna High Court CR. MISC. No.16893 of 2026(2) dt.25-03-2026
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from R.G. Barua Road, Guwahati, Assam, for the transportation
of Emami goods (FMCG) worth Rs. 78,32,170.72/- from
Emami Limited, Pacharia, Kamrup, Assam to Emami Limited,
Shri Balaji Industries, Karmali Chak, near toll tax, Mahuli
Road, Patna Bihar for a rent of Rs. 34,000/- Out of which Rs.
12,000/- were paid via NEFT and rest Rs. 15,000/- was paid for
diesel. The booked truck BR01GM4024 was loaded with the
said material on 17.09.2025 with CJ.DARCL Logistics Limited
Bill No. GHTF39E00056 dt. 17.09.2025, Invoice no &
ST1823002013 dt. 17.09.2025. The said truck was supposed to
reach the destination on or before 23.09.2025. However, the
Emami loaded goods has not reached till date. During inquiry
the driver Shiv Prasad Rai informed through his mobile number
8409710697 that the vehicle owner Uday Mishra also came
along with him in the uuck up to Muzaffarpur via pre-
determined route. He had handed over the vehicle to the vehicle
owner in Muzaffarpur, Bihar, in front of Narayani Petrol Pump,
located between Chandni Chowk and Darbhanga Mor. The truck
remained parked there for approximately 23 hours and the
goods were disappeared from there. For a few days, the truck
owner's mobile phone remained switch off and he had not
responded to any attempts of communication. The vehicle
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owner, his son and the driver and others in collusion have
deliberately stolen the goods in the wrong way and sold them
somewhere. They have defrauded the informant's company and
are repeatedly telling them false stories. Their dishonest conduct
and continuous criminal intention to grab the goods are clearly
established. The owner of the truck 1. Uday Kumar Mishra, 2.
Saurabh Mishra, 3. driver Shiv Prasad Rai and other unknown
persons have grabbed the goods.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner submits that the main allegation in the FIR is against
Uday Kumar Mishra and not against the petitioner and the
petitioner is a young boy aged about 22 years, who is preparing
for competitive examination. Learned counsel for the petitioner
further submits that no incriminating articles have been
recovered from the possession of the petitioner.
5. The learned APP opposes the anticipatory bail
application.
6. Simply because the petitioner had accompanied his
father for lodging the FIR regarding the theft of the truck cannot
be a ground to suggest complicity of the petitioner in crime in
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collusion with his father. Also given the fact that the main
allegation in the FIR is against Uday Kumar Mishra and not
against the petitioner and further that the petitioner is a young
boy aged about 22 years, who is preparing for competitive
examination, I am inclined to grant privilege of anticipatory bail
to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate, Ist, (West) Muzaffarpur, Bihar in
connection with Kanti P.S. Case No.482 of 2025 subject to the
conditions laid down under Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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