Patna High Court
Sonu Kumar @ Sonu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and cooperation conditions, under Section 438(2) of the CrPC.
Summary
The petitioner, Sonu Kumar, was implicated in a theft case under Section 379 of the IPC for the alleged stealing of a motorcycle, based on an informant's claim and CCTV footage showing a boy riding the vehicle, though the petitioner was not identified in the footage. He has two prior cases and fears arrest. He applied for anticipatory bail, arguing lack of direct evidence, no recovery of the stolen property, and willingness to cooperate with the investigation. The State opposed the bail. The Court, considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC, requiring a bail bond of Rs.10,000 with two sureties and conditioning the release on the petitioner’s cooperation, with the power to cancel bail if he fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a theft case under Section 379 IPC.
- Whether the absence of the petitioner in CCTV footage and lack of recovered property justify bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- Theft
- Section 379 IPC
- Section 438 CrPC
- bail conditions
- prior criminal record
- CCTV evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37025 of 2026
Arising Out of PS. Case No.-364 Year-2023 Thana- BETTIAH CITY District- West
Champaran
======================================================
Sonu Kumar @ Sonu Sah S/o Suresh Sah @ Suresh Prasad Kushwaha
Resident of Village - Kata Chowk, Balua Rampurwa, P.S - Bairiya, District -
West Chamaparan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 379 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and the informant alleges
that his parked motorcycle was stolen and from the CCTV
footage, it appeared that the boy sat on the motorcycle and
drove away.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and his name
Patna High Court CR. MISC. No. 37025 of 2026(2) dt.16-06-2026
2/3
transpired in the case based on confessional statement of Arman.
It is further submitted that petitioner was not seen in the CCTV
footage. It is also submitted that once an accused is implicated
in a case relating to theft, the police starts implicating
mechanically without holding a proper investigation. It is also
submitted that if privilege of anticipatory bail is granted, the
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Bettiah Town P.S. Case No.364 of 2023, subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner
Patna High Court CR. MISC. No. 37025 of 2026(2) dt.16-06-2026
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despite giving assurance to this court is not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
U T
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