Patna High Court
Parshuram Singh @ Pashuram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) CrPC read with Section 482(2) B.N.S.S.
Summary
Petitioner Parshuram Singh, a bus conductor, was implicated in a theft case (Town P.S. Case No. 284 of 2024) under Section 379 IPC for allegedly stealing a mobile phone and jewellery bag from an informant. The petitioner contended that the allegation was false, no material was recovered from him or his residence, and the informant's sister did not corroborate the claim. He also highlighted his clean criminal record. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) CrPC and Section 482(2) B.N.S.S., imposing several conditions including surety, presence in court, and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the theft allegation.
- Whether the allegations under Section 379 IPC are sufficient to deny anticipatory bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing similar offences.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- theft
- Section 379 IPC
- Section 438 CrPC
- Section 482 B.N.S.S.
- bus conductor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2595 of 2026
Arising Out of PS. Case No.-284 Year-2024 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Parshuram Singh @ Pashuram Singh Son of Late Ishwar Singh R/o Village -
Bahera, P.S. - Aamas, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, 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
Town P.S. Case No. 284 of 2024 registered for the offences
under Sections 379 of the I.P.C.
3. As per the prosecution case, the allegation against
the petitioner is that he being the conductor of the bus has stolen
the mobile phone and jewellery bag of the informant.
4. Learned counsel for the petitioner submits that the
allegation levelled against the petitioner is false and there is
nothing to substantiate such allegation. It has further been
submitted that during the course of investigation, the sister of
the informant, who was travelling with her sister did not support
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the statement of the informant that the mobile phone rang inside
the pocket of the conducted/petitioner. It has further been
submitted that no recovery whatsoever has been made from the
conscious possession of the petitioner or from his house. He
further submits that admittedly, the mobile phone was found to
be missing when she was climbing the bus and hence, the
allegation upon the petitioner become false as he was the
conductor of the bus and was already present inside the bus. 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 Town P.S. Case No.
284 of 2024 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
Patna High Court CR. MISC. No.2595 of 2026(2) dt.28-01-2026
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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 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.
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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/-
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