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Patna High Court

Vinay RajvanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.36002 of 2026(2) dt.01-07-2026
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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
Patna High Court CR. MISC. No.36002 of 2026(2) dt.01-07-2026
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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
           Patna High Court CR. MISC. No.36002 of 2026(2) dt.01-07-2026
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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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