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Patna High Court

Bala Kumar @ Bala JiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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