Patna High Court
Vinay RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to conditions under Section 438(2) of the CrPC.
Summary
Vinay Rajvanshi was implicated in a theft case (Atri P.S. Case No. 415 of 2020) for alleged offences under Sections 379 and 413 of the IPC involving a stolen tractor. He was not originally named in the FIR; his name appeared later based on a statement by co‑accused Saheb Rajbanshi. No material was recovered from his possession and he has a prior criminal antecedent but is already out on bail in another matter. The Additional Public Prosecutor opposed bail, citing the antecedent, while the petitioner’s counsel argued lack of evidence linking him to the crime. The Court, considering the initial omission from the FIR, the reliance on a co‑accused’s disclosure, and the absence of any seized evidence, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations under Sections 379 and 413 IPC.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
- Whether the reliance on a co‑accused’s statement is sufficient to justify continued detention.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 379, 413
Subjects
- bail
- theft
- Indian Penal Code
- Criminal Procedure Code
- Section 438
- prior criminal antecedent
- co‑accused statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36002 of 2026
Arising Out of PS. Case No.-415 Year-2020 Thana- ATRI District- Gaya
======================================================
Vinay Rajvanshi S/o Bhoma Rajvanshi @ Sidheshwar Rajvanshi @ Umesh
Rajvanshi R/o Village - Arai Tola - Dinesh Nagar, P.S - Atri, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Atri P.S. Case No. 415 of 2020 for the offences
punishable under Sections 379 and 413 of the Indian Penal
Code.
3. The prosecution case in brief is that one Sunil
Kumar resident of village- Ahiyapur, P.S- Sarmera, District-
Nalanda submitted written statements on 23.11.20 before the
S.H.O. Atri P.S. alleging therein that on 18.11.20 the informant
went to Roala balughat to load sand on his tractor bearing
Engine no NKC 6RAJ0004, chasis no M9KATAEDBKVDO
1116, but due to late night could not load sand and was returning
to his village- Gobindpur with empty tractor in the meantime on
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the way at Tapasvinagar near a Line Hotel stopped his tractor
and started to take meal outside line Hotels as it was closed and
kept key of his tractor on a desk and slept and when awoke saw
key of tractor missing and also saw his tractor missing. It is
submitted that he tried his best to search, but could not find out
his tractor.
4. Learned counsel for the petitioner submits that
initially the petitioner was not named in the FIR. Learned
counsel for the petitioner next submits that petitioner has falsely
been implicated in the present case on the basis of disclosure
made by co-accused person, namely, Saheb Rajbanshi and
except the aforesaid nothing has come during the investigation
to suggest the involvement of the petitioner in the present
occurrence.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries one criminal antecedent other than
the present one but fairly submits that petitioner is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances
and the fact that initially the petitioner was not named in the FIR
and the name of the petitioner has transpired on the basis of
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disclosure made by co-accused person, namely, Saheb Rajbanshi
and also the fact that nothing has been recovered from the
conscious possession of the petitioner, let the petitioner, above
named, in the event of arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned J.M.F.C., Gayajee in connection with
Atri P.S. Case No. 415 of 2020, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure
and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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