Patna High Court
Pawan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed by the Court.
Summary
The petitioner, Pawan Kumar Sah, sought anticipatory bail fearing arrest in a case (Jogbani P.S. Case No. 125 of 2025) alleging offences under Sections 318(4), 316(2) and 3(5) of the B.N.S. The prosecution alleged that he, as a broker, introduced the truck owner for transporting the informant's consignment which later went missing. The petitioner contended that he was neither the driver nor the owner of the truck, that no goods were found in his possession, and that he merely acted as a broker with a clean antecedent. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a cash bond, sureties, and several conditions regarding court attendance, conduct, and verification of antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether the petitioner is liable to be arrested under Sections 318(4), 316(2) and 3(5) of the B.N.S. for alleged involvement in the missing consignment.
- Whether anticipatory bail can be granted in the present circumstances.
- Whether the petitioner’s role as a broker disqualifies him from bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- broker
- theft
- Section 318
- Section 316
- Section 3
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2588 of 2026
Arising Out of PS. Case No.-125 Year-2025 Thana- JOGBANI District- Araria
======================================================
Pawan Kumar Sah S/o Bishundeo Sah @ Bishnudev Sah Resident of village-
Bathnaha, Ward No. 06, PS- Bathnaha, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
Mr. Sanjay Kumar Sharma, Advocate
Mr. Rohit Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Jogbani P.S. Case No. 125 of 2025 registered for the offences
under Sections 318(4), 316(2) and 3(5) of the B.N.S.
3. As per the prosecution story, the allegation against
the petitioner is that he had introduced, as a broker, the truck
owner for carrying the consignment of the informant which
went missing.
4. Learned counsel for the petitioner submits that
from mere perusal of the F.I.R, it would be evident that the
petitioner is neither the driver nor the owner of the truck and
even apprehension has been shown only against the owner and
the driver of the truck. It has been submitted that there was no
Patna High Court CR. MISC. No.2588 of 2026(2) dt.28-01-2026
2/4
entrustment of goods to the petitioner and as such there is no
illegality committed by him. It has further been submitted that
nothing has been recovered from the conscious possession of
the petitioner or from his house and that the petitioner has no
concern whatsoever with regard to the theft of the goods of the
informant. It has next been submitted that it is an admitted case
of the informant that the petitioner acted merely as a broker. It
has lastly been submitted that the petitioner carries clean
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, 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 Jogbani P.S. Case
No. 125 of 2025 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
Patna High Court CR. MISC. No.2588 of 2026(2) dt.28-01-2026
3/4
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close 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.
Patna High Court CR. MISC. No.2588 of 2026(2) dt.28-01-2026
4/4
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…