Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 303(2)
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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