Patna High Court
Chhoti Patel @ Rajanikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 305(a)
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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