Patna High Court
Satyendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and conditions under the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, Satyendra Kumar and Vikash Kumar, were implicated in a theft case involving three motorcycles and alleged use of the stolen vehicles to transport illegal wine, based solely on a co-accused's confessional statement. They argued they had no knowledge of the theft, possessed clean antecedents, and were not apprehended at the scene. The State opposed bail, contending the FIR detailed the petitioners' knowledge and participation. The High Court considered that the petitioners' names arose only from the co-accused’s confession and they were not arrested at the crime scene. Consequently, the Court granted anticipatory bail, subject to a bond of Rs.30,000 each and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 given the allegations based on a co-accused's confession.
- Whether the petitioners' alleged knowledge of the stolen motorcycles and transport of illegal wine warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 317(5), 3(5), 482(2)
Subjects
- anticipatory bail
- theft
- illegal transport
- confessional statement
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29260 of 2026
Arising Out of PS. Case No.-104 Year-2024 Thana- SINDHUGAR District- Gaya
======================================================
1. Satyendra Kumar S/o Bhola Yadav R/o Village - Matagadhha, P.S -
Sindhugarh (Mohanpur), District - Gaya
2. Vikash Kumar S/o Rajkishor Yadav @ Ram Kishor Yadav R/o Village -
Matagadhha, P.S - Sindhugarh (Mohanpur), District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Adv.
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Sindhugarh P.S. Case No. 104 of 2024 lodged
on 09.10.2024, for the offence punishable under Sections 317(5)
& 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioners.
Three motorcycles subject to theft have been recovered. The
petitioners have not been apprehended from the place of
occurrence, but in-spite of the knowledge that motorcycles were
subject to theft, the accused persons used to utilize the said
Patna High Court CR. MISC. No.29260 of 2026(2) dt.06-05-2026
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motorcycles.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioners have clean antecedent and
they have not been arrested from the place of occurrence. He
submits that the allegation against the petitioners is that in-spite
of the knowledge that the motorcycles were subject to theft,
they used to carry illegal wine driving the said motorcycle from
one place to another. He submits that the name of the petitioners
transpired in this case only by virtue of the confessional
statement of the co-accused. Counsel submits that the
petitioners were completely unaware that the motorcycles were
subject to theft.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the entire modus
operandi has been alleged in the FIR that in-spite of the
knowledge, petitioners used to drive the said motorcycle for
transportation of illegal materials.
6. In the present facts and circumstances of this case
considering that the petitioners were not arrested from the place
of occurrence and their name has come by virtue of confessional
statement of the co-accused, let the above named petitioners be
Patna High Court CR. MISC. No.29260 of 2026(2) dt.06-05-2026
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released on anticipatory bail, in the event of arrest or surrender
before the Trial Court within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to
the satisfaction of A.C.J.M.-II, Sherghati, Gaya Ji, in connection
with Sindhugarh P.S. Case No. 104 of 2024, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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