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Patna High Court

Vinod Kumar Singh @ Binod Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding that the allegations were based on suspicion and there was no eyewitness evidence.

Summary

The petitioner, Vinod Kumar Singh, was implicated in a theft case (Section 303(2) of the Bihar Nagarik Suraksha Act) after an informant alleged that Rs. 5,51,000 was missing from his drawer when the petitioner was the last person seen with him. The petitioner claimed innocence, asserting he was not present at the scene and has a clean antecedent. The State opposed bail, but the court noted the lack of eyewitnesses and the petitioner’s clean record, finding the allegations based merely on suspicion. Relying on Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail with conditions. The bail order required a bond of Rs.10,000 with two sureties and mandated the petitioner’s cooperation with the investigation.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita when the accusation is based solely on suspicion and the petitioner has a clean antecedent?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 Bharatiya Nagarik Suraksha Sanhita
  • theft
  • clean antecedent
  • suspicion
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24828 of 2026
                       Arising Out of PS. Case No.-92 Year-2025 Thana- KARAKAT District- Rohtas
                 ======================================================
                 Vinod Kumar Singh @ Binod Kumar Singh S/o Sri Kishun Singh R/o -
                 Mishrbaliya, P.S - Karakat, District - Rohtas, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinay Kumar Mishra
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   29-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Karakat P.S. Case No. 92 of 2025, registered for the

                   offences punishable under Section 303(2) of BNS.

                                3. The prosecution case, in brief, is that on

                   20.02.2025, the informant, a CSP operator of Dakshin Bihar

                   Gramin Bank at Karakat, went to the toilet after asking the

                   petitioner to look after the place. Upon returning, he found that

                   the petitioner and two unknown persons had disappeared and

                   Rs. 5,51,000/- was missing from his drawer.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated. He is

                   a person of clean antecedent. The petitioner was not present at
Patna High Court CR. MISC. No.24828 of 2026(2) dt.29-04-2026
                                            2/3




          the place of occurrence on the date of occurrence.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail.

                       6. From the reading of the allegations levelled in the

          FIR, it appears that the petitioner has been named in the FIR on

          the basis of suspicion because he was the last person who had

          met the informant in his office and therefore, based on that

          suspicion, it has been alleged that the petitioner has stolen Rs.

          5,51,000/- from the drawer. There is no eye-witness in this case.

          The     petitioner      bears      clean     antecedent.   Under   these

          circumstances, I am inclined to grant privilege of anticipatory

          bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Additional Chief Judicial Magistrate,

          Bikramganj, Rohtas in connection with Karakat P.S. Case No.

          92 of 2025, subject to the conditions laid down under section

          438(2) of the Code of Criminal Procedure/Section 482(2) of the

          Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further

          condition that :-
           Patna High Court CR. MISC. No.24828 of 2026(2) dt.29-04-2026
                                                       3/3




                                  (i) The petitioner shall co-operate in the investigation/

                     trial.

                                   (ii) The learned Court below would, however, verify

                     the criminal antecedent of the petitioner and in case 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, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T


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