Patna High Court
Bala Kumar @ Bala JiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions, with the power to cancel bail for non‑cooperation.
Summary
The petitioner, Bala Kumar, was implicated in an FIR alleging that he concealed a stolen motorcycle at his late maternal grandfather's house, invoking Section 317(5) of the Bihar Narcotic Substances Act, 2023. He contended that the motorcycle was recovered from a lane, not his residence, and that he was not present at the scene, arguing that the allegation was false and that he has a clean record. The petitioner sought anticipatory bail, asserting that custody would jeopardize his career and that he would cooperate with the investigation. The State opposed the bail, but the Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also stipulated that bail could be cancelled if the petitioner failed to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations under Section 317(5) of the B.N.S.S.
- Whether the facts disclosed in the FIR justify denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 317(5) B.N.S.S.
- false implication
- stolen property
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17906 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- KARPI District- Arwal
======================================================
Bala Kumar @ Bala Ji Son of Kamlesh Mistri @ Kamesh Mistri Resident of
Village - Kusre, P.S.- Karpi, District- Arwal. In FIR stated as - Resident of
Village- Mali, P.S.- Banshi, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 317(5) of the
BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he received an information that petitioner has kept a
stolen motorcycle in the house of his Late maternal grandfather,
namely, Awadhesh Mistri, accordingly, the police force reached
the place of occurrence and found a motorcycle in the lane
where the house of the maternal grandfather of the petitioner is
situated and, on inquiry, it transpired that the motorcycle
belongs to Monoj and Monoj disclosed that the motorcycle was
Patna High Court CR. MISC. No.17906 of 2026(2) dt.14-05-2026
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stolen for which an FIR has been instituted at Phulwari Sharif
Police Station.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the
informant alleges that he received an information that petitioner
has concealed a stolen motorcycle in the house of his Late
maternal grandfather but then the motorcycle was not recovered
from the house but from the lane, as such, it is submitted that
had the petitioner stolen the motorcycle in that event he would
not have kept the motorcycle in an open place, rather would
have tried to conceal the same. It is next submitted that even the
petitioner was not present at the place of occurrence. It is also
submitted that petitioner is a young boy, aged about 22 years
and, in the nature of allegation, as alleged, if he is sent to
judicial custody his entire career would get jeopardized and
chances are bright that he may come in contact with the
hardened criminals. It is submitted that if the privilege of
anticipatory bail is granted to the petitioner, the petitioner will
not abscond rather will cooperate in investigation to prove his
innocence.
Patna High Court CR. MISC. No.17906 of 2026(2) dt.14-05-2026
3/3
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/Successor
Court in connection with Karpi P.S. Case No. 35 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioner, despite giving
assurance to this Court, is not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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