Patna High Court
Vinod Kumar Singh @ Binod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
Checking your session…