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Patna High Court

Gurucharan Singh @ Charan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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