Patna High Court

Subash Kumar @ Subash SahaniversusThe State of Bihar

Decided: 4 May 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Subash Kumar, sought anticipatory bail after being implicated in a case under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) for allegedly loading a stolen truck onto a pickup vehicle. The informant claimed the accused were loading the vehicle when police arrived, and the pickup was identified as belonging to the petitioner, though it is registered in his wife’s name and was hired for commercial use. The petitioner contended he was not present at the scene and was falsely implicated. The State opposed the bail. The court, after considering the facts, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., requiring a bail bond and sureties.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.
Whether the petitioner’s alleged involvement based solely on vehicle ownership justifies arrest.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 317(4), 317(5), 3(5), 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
false implication
vehicle ownership
Section 317
Section 438
Section 482
Criminal Procedure
Bharatiya Nagarik Suraksha Sanhita
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17757 of 2026
                        Arising Out of PS. Case No.-733 Year-2024 Thana- GARKHA District- Saran
                 ======================================================
                 Subash Kumar @ Subash Sahani S/O Algu Sahani R/O Vill.- Sumerpatti, P.S.-
                 Dariyapur, Dist.- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 317(4), 317(5), 3(5)

                   of the B.N.S.

                                3. Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case and the informant alleges

                   that he got secret information that accused persons are loading a

                   stolen truck after cutting the same into pieces on a pick up

                   vehicle, accordingly, he reached the place of occurrence and saw

                   4-5 accused persons loading the pieces of truck and on seeing

                   the police force, the accused persons started fleeing when

                   Deepak was arrested who disclosed the name of the petitioner

                   and other.
Patna High Court CR. MISC. No.17757 of 2026(2) dt.04-05-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the instant case by the

          informant, it is further submitted that petitioner was not even

          present at the place of occurrence but then he was implicated

          based on the fact that pick up vehicle belonged to him, it is next

          submitted that pick up vehicle was registered in the name of his

          wife and was used for commercial purpose, as such, the accused

          persons had hired the vehicle but then petitioner was not aware

          the reason for hiring, it is next submitted that no prudent person

          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, I am inclined to grant privilege of anticipatory bail

          to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned A.D.J.-XII, Saran at Chapra, in
            Patna High Court CR. MISC. No.17757 of 2026(2) dt.04-05-2026
                                                        3/3




                      connection with Garkha P.S. Case No. 733 of 2024, subject to

                      the conditions laid down under section 438(2) of the Code of

                      Criminal Procedure/Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita, 2023.




                                                                      (Satyavrat Verma, J)
sanjeev/-

U       T

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