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Patna High Court

Chhoti Patel @ Rajanikant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Chhoti Patel (alias Rajanikant Kumar), was implicated in a theft case involving Rs 80,000 cash, a gold chain and other jewellery, alleged under Section 305(a) of the Bharatiya Nyaya Sanhita. Fearing arrest, he filed an anticipatory bail application, asserting his innocence, lack of any stolen articles in his possession and a clean antecedent. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offence. The High Court, after considering the nature of the accusation and the petitioner’s clean record, granted anticipatory bail, directing that if he is arrested or surrenders within eight weeks he may be released on a bail bond of Rs 10,000 with two sureties. The bail was conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 305(a) of the Bharatiya Nyaya Sanhita.
  • Whether the petitioner’s clean antecedent and lack of recovered stolen property justify bail despite the seriousness of the alleged theft.
  • Whether the High Court may impose conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita on the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • Section 305(a)
  • Section 482(2)
  • high court
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28589 of 2026
                   Arising Out of PS. Case No.-30 Year-2026 Thana- KARAI PARSURAI District- Nalanda
                 ======================================================
                 Chhoti Patel @ Rajanikant Kumar S/O Sujay Kumar @ Sujay mahto Resident
                 of Village- Berama, P.S.- Karaiparsurai, Distt.- Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 305(a) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per F.I.R., this petitioner committed theft of Rs.

                   80,000/- cash, gold chain and other jewellery from the house of

                   informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. No stolen

                   article has been recovered from conscious possession of the

                   petitioner and he has falsely been implicated in this case only on

                   suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application.
              Patna High Court CR. MISC. No.28589 of 2026(2) dt.30-04-2026
                                                          2/2




                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Additional Chief

                        Judicial Magistrate I, Hilsa, Nalanda in connection with

                        Karaiparsuari P. S. Case No. 30 of 2026, subject to condition as

                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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