Patna High Court
Pancham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Pancham Kumar and Sanjiv Kumar, applied for anticipatory bail in connection with a case of alleged theft of three buffaloes, wherein the police recovered two buffaloes, a pickup truck and a mobile phone. The prosecution alleged that the vehicle belonged to petitioner no. 2 and that petitioner no. 1 was the driver, based on the mobile phone recovered. The petitioners argued that mere ownership of the vehicle and the phone does not establish participation in the offence and that there is no independent evidence linking them. The court noted the nature of the offence, the absence of any criminal antecedent, and the lack of substantive material against the petitioners. Consequently, the court exercised its power under Section 438 CrPC and Section 482(2) of the BNSS, 2023, and granted anticipatory bail subject to conditions.
Issues considered
- Whether anticipatory bail can be granted when the only link to the alleged offence is ownership of a vehicle and alleged use of a mobile phone.
- Whether the nature of the alleged theft of livestock warrants denial of anticipatory bail.
- Whether the petitioners' clean criminal record influences the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- theft of livestock
- vehicle ownership
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24047 of 2026
Arising Out of PS. Case No.-472 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
1. Pancham Kumar S/o Shankar Nut R/o Vill.- Itwan, P.S.- Rampur Chauram,
Distt.- Arwal
2. Sanjiv Kumar S/o Shahendra Khalifa R/o vill - Balidad, P.S.- Mehandiya,
Dist- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Shankar Gautam
For the Opposite Party/s : Mr. Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Naubatpur Police Station Case No. 472 of 2025,
disclosing offences under Sections 303(2), 317(2) of the BNS,
2023.
3. As per the prosecution case, three buffaloes
belonging to the informant were stolen on the night of 14/15
August, 2025. During a search, witnesses spotted a pickup
vehicle carrying the stolen animals and several persons, who
fled when chased, abandoning one buffalo and later the vehicle.
The police recovered two buffaloes, the pickup truck, and a
Patna High Court CR. MISC. No.24047 of 2026(2) dt.22-04-2026
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mobile phone from the scene. During investigation, petitioner
no. 2 was identified as the owner of the vehicle, and petitioner
no. 1 as the driver based on the recovered mobile phone.
4. Learned Counsel for the petitioners submits that
petitioner no. 2 has been implicated solely on the basis of
ownership of the vehicle, which does not, by itself, establish
involvement in the alleged offence. The alleged use of a mobile
phone by petitioner no. 1 is a matter of trial and does not justify
custodial interrogation. It is further submitted that there is no
cogent material or independent witness to connect the
petitioners with the alleged occurrence.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
offence and the fact that petitioners are having no criminal
antecedent, I am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Patna High Court CR. MISC. No.24047 of 2026(2) dt.22-04-2026
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Magistrate-VI, Danapur, Patna, in connection with Naubatpur
Police Station Case No. 472 of 2025, subject to the condition
laid down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
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