Patna High Court
Gurucharan Singh @ Charan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 438(2) CrPC read with Section 482(2) B.N.S.S.
Summary
Gurucharan Singh sought anticipatory bail fearing arrest in a theft case (IPC Sec. 379, later Sec. 411) registered as Siwan City P.S. Case No. 316 of 2024. The FIR was lodged after a motorcycle was reported missing; the petitioner’s name does not appear in the FIR but is mentioned in a co‑accused’s confessional statement, and no incriminating material was found on him or his premises. He argued that he has no connection to the incident and is being implicated only because of two prior similar offences. The State opposed the bail. The High Court, after considering the facts and submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., including surety bonds, personal appearance, and possible cancellation for future offences. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations and his prior criminal antecedents.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 379, 411
Subjects
- anticipatory bail
- Theft
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2355 of 2026
Arising Out of PS. Case No.-316 Year-2024 Thana- SIWAN CITY District- Siwan
======================================================
Gurucharan Singh @ Charan Singh, S/o- Krishna Mohan Singh Resident of
Village -Wesh Tola, P.S-Marhaura, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey
For the Opposite Party/s : Mr. Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Siwan City P.S. Case No. 316 of 2024 registered for the
offences under Sections 379 of the Indian Penal Code, later on
Section 411 of the Indian Penal Code added vide order dated
27.09.2024.
3. The prosecution case is to the effect that the brother
of the informant had gone to the computer institute after parking
and when he returned, he found his motorcycle missing and
therefore, the present FIR was lodged.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and his name has surfaced in
the confessional statement of co-accused Vikky Gupta. It has
Patna High Court CR. MISC. No.2355 of 2026(3) dt.24-02-2026
2/3
further been submitted that no incriminating articles have been
recovered either from the conscious possession of the petitioner
or from his house and it is on the statement of Vikky Gupta that
the petitioner is also been named in Daudpur P.S. Case No.146
of 2024. It has next been submitted that the petitioner has no
concern with the present incident of theft of motorcycle and
only because he has two criminal antecedents of a similar nature
he has been implicated in this case.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Siwan City P.S. Case No. 316 of 2024, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.2355 of 2026(3) dt.24-02-2026
3/3
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.