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Patna High Court

Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioner, Shubham Kumar, applied for anticipatory bail in a theft case under Section 303(2) of the Bhartiya Nyaya Sanhita, alleging that he purchased a stolen scooty from a co‑accused without knowledge of its stolen nature. The prosecution argued that the theft was captured on CCTV, but the petitioner was not identified in the footage. The petitioner is not named in the FIR for this case and is already on bail in an unrelated matter. The State opposed the bail, contending that the offence is serious. The Court, after considering the facts, granted anticipatory bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, subject to surrender within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 303(2) of the Bhartiya Nyaya Sanhita.
  • Whether the petitioner’s lack of identification in CCTV footage and purchase in good faith justify bail.
  • Whether the petitioner’s existing bail in another case influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • stolen vehicle
  • Section 303(2)
  • Section 482(2)
  • CCTV evidence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17606 of 2026
                      Arising Out of PS. Case No.-1192 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Shubham Kumar S/O Rajendra Saw Dadarmandi, Guljarbagh, P.O-
                 Guljarbagh , Dist- Patna
                                                                 ... ... Petitioner
                                           Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rishi Raj, Advocate
                                                  Ms. Meenakshi Priya, Advocate
                                                  Mr. Abhishek Singh Rathour, Advocate
                 For the Opposite Party/s :       Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   29-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                    2. This application for anticipatory bail arises out

                   of Alamganj P.S. Case No. 1192 of 2025 for the offence

                   punishable under Section 303(2) of the Bhartiya Nyaya Sanhita.

                                    3. As per prosecution case, the scooty of the

                   informant was stolen by some unknown persons and the act of

                   theft was captured in CCTV camera.

                                    4. Learned counsel for the petitioner has submitted

                   that the petitioner is not named in the FIR and, as per CCTV

                   footage, the person, who has stolen the scooty, was co-accused

                   Altamas Ashraf @ Rohit. It has been further submitted that the

                   petitioner has purchased the said scooty from co-accused

                   Altamas Ashraf @ Rohit without knowing the fact that it is
          Patna High Court CR. MISC. No.17606 of 2026(3) dt.29-04-2026
                                                      2/2




                    stolen one. The petitioner’s presence was not found at the place

                    of occurrence in the CCTV footage. Although the petitioner has

                    been made accused in one another case, but not of similar nature

                    and he is on bail in that case.

                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                    Considering the facts and circumstances, let the petitioner above

                    named, in the event of his arrest/surrender within six weeks

                    from today in the Court below, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the learned District &

                    Additional Sessions Judge-VIII, Patna City, in connection with

                    Alamganj P.S. Case No. 1192 of 2025, subject to the conditions

                    as laid down under Section 482(2) of the Bhartiya Nagrik

                    Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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