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Patna High Court

Satyendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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