Patna High Court
Pankaj @ Saurabh Singh @ Saurabh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner with specified bond and conditions.
Summary
The petitioner, Pankaj Singh, sought anticipatory bail fearing arrest in a theft case (PS Case No.354 of 2020) involving sections 413, 414, 34 of the IPC and several provisions of the Arms Act. The prosecution alleged that the petitioner, along with co‑accused, committed theft and a pistol with live cartridge was recovered from another accused. The petitioner argued he had no material evidence against him, no weapon was found in his possession, and only a confessional statement of a co‑accused implicated him; he also pointed to a similar co‑accused who had been granted anticipatory bail. The State opposed the bail. The Court, noting the lack of direct evidence, the precedent of bail to a similarly situated accused, and the petitioner’s undertaking to cooperate, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the facts of the case?
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to impose conditions on anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 34, 413, 414
Subjects
- anticipatory bail
- criminal procedure
- theft
- arms possession
- bail conditions
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20134 of 2026
Arising Out of PS. Case No.-354 Year-2020 Thana- SITAMARHI District- Sitamarhi
======================================================
Pankaj @ Saurabh Singh @ Saurabh Kumar Singh S/o Ram Sagar Singh
Resident of Village- Nayagaoin Jahangior, P.S.- Shyampur Bhatha, District-
Sheohar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Jha, Advocate.
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Sitamarhi P.S. Case No.354 of 2020 instituted under
Sections 413, 414, 34 of the Indian Penal Code and Sections
25(1-b)a, 26, 27, 35 of the Arms Act.
3. As per the prosecution case, petitioner alongwith
the other co-accused persons had committed theft and when
police tried to apprehend the accused persons, one country made
pistol with live cartridge was recovered from the possession of
one of the co-accused Nandan Jha.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.20134 of 2026(2) dt.15-04-2026
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case due to his two criminal antecedent. He further submits that
except the confessional statement of the co-accused, there is no
material against the petitioner and no incriminating article has
been recovered from the conscious possession of petitioner.
Learned counsel submits that similarly situated co-accused
Gaurav Singh has been granted anticipatory bail by the Co-
ordinate Bench of this Court vide order dated 08.04.2026 passed
in Cr. Misc. No.22584 of 2026. He further submits that
petitioner undertakes to cooperate in the investigation and trial
of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioner as well as the fact that
similarly situated co-accused has already been granted
anticipatory bail, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned C.J.M., Sitamarhi/
concerned Court in connection with Sitamarhi P.S. Case No.354
Patna High Court CR. MISC. No.20134 of 2026(2) dt.15-04-2026
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of 2020, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023 with further
following conditions:-
(i) the petitioner shall cooperate in the investigation
and appear on each and every date before the Trial Court and
failure to do so for two consecutive dates without plausible
reason will entail cancellation of his bail bond by the Trial Court
itself;
(ii) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bond.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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