Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Rohit Kumar and Ravi Kumar, sought anticipatory bail in a case (Barachatti P.S. Case No. 561 of 2024) where they were implicated for dealing in stolen motorcycles based on the confession of co-accused Dilchand @ Rajesh Kumar. The prosecution alleged that the petitioners purchased the motorcycles from Dilchand, believing them to be genuine, and that they were involved in the sale of stolen vehicles. The petitioners contended they were innocent, had no knowledge of the theft, and were merely bona‑fide purchasers who paid consideration with the expectation of receiving proper ownership documents. The State opposed the bail, relying on Sections 317(4) and 111 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the petitioners' young age, clean antecedent, lack of material evidence beyond the co‑accused’s statement, and their willingness to cooperate, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties each, under Section 482(2) of the same Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the co‑accused’s disclosure statement alone suffices to justify arrest of the petitioners.
- Whether the petitioners' age and clean antecedent merit the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 111, 317(4), 482(2)
Subjects
- anticipatory bail
- theft of motor vehicle
- co‑accused statement
- clean antecedent
- young accused
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2692 of 2026
Arising Out of PS. Case No.-561 Year-2024 Thana- BARACHATTI District- Gaya
======================================================
1. Rohit Kumar S/o Munni Yadav R/o Village- Kahudag, P.S.- Barachatti,
Distt.- Gaya.
2. Ravi Kumar S/o Arjun Paswan @ Arjun Manjhi R/o Village- Sebai, P.S.-
Barachatti, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 05-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Barachatti P.S. Case No.561 of 2024 instituted under
Sections 317(4), 111 of the B.N.S., 2023.
3. As per the prosecution case, on getting secret
information regarding sale and business of theft motorcycle, the
police team reached at the repairing shop of co-accused
Dilchand @ Rajesh Kumar where he found two motorcycles and
on interrogation could not produce the papers of motorcycle. It
is alleged that co-accused Dilchand @ Rajesh Kumar had
disclosed that petitioners and other co-accused persons bring the
Patna High Court CR. MISC. No.2692 of 2026(4) dt.05-05-2026
2/3
theft motorcycle to his shop to which he sold the same on
getting commission. It is alleged that several motorcycles were
recovered on the disclosure made by the co-accused Dilchand @
Rajesh Kumar.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that the name of petitioners have been
implicated in this case only on the basis of disclosure statement
made by the co-accused Dilchand @ Rajesh Kumar. Learned
counsel submits that the petitioners are bona fide purchasers of
the vehicle after paying consideration amount to the co-accused
Dilchand @ Rajesh Kumar knowing to be genuine motorcycle
on the assurance that owner book of the vehicle will be provided
later. He further submits that petitioners have no knowledge that
the motorcycles are stolen motorcycles. Learned counsel
submits that except the disclosure statement of the co-accused,
there is no material against the petitioners. He further submits
that petitioners are young boys of 19 & 20 years respectively,
having got clean antecedent and they undertake to cooperate in
the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.2692 of 2026(4) dt.05-05-2026
3/3
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties, the nature
of allegation leveled against the petitioners and the young age of
petitioners as well as their clean antecedent, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned Additional Chief Judicial Magistrate-II, Sherghati,
Gaya/ concerned Court in connection with Barachatti P.S. Case
No.561 of 2024, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.