Created by Fuzzy Cloud

Patna High Court

Pankaj @ Saurabh Singh @ Saurabh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.