Patna High Court
Niraj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to stringent conditions.
Summary
The petitioner, Niraj Singh, sought anticipatory bail fearing arrest in a theft case under Section 303(2) of the Bharatiya Nyaya Sanhita. He claimed innocence, stating that a co‑accused had implicated him and that the recovered motorcycle was found at a location unrelated to him. The State opposed the bail, citing his criminal antecedents. The High Court, considering his age and undertaking, granted bail on the condition that he surrenders within six weeks, provides a Rs.10,000 bond with two sureties, and complies with specific conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case of alleged motorcycle theft under Section 303(2).
- Whether the petitioner poses a risk of tampering with evidence or committing further offences, justifying denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 482(2)
Subjects
- anticipatory bail
- bail conditions
- Section 303
- Section 482
- high court
- theft
- motorcycle theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3713 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Niraj Singh son of Sharma Singh Resident of village -Karkarkund PS- Town
Distt -Gopalganj
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Gopalganj Town P.S. Case No.262 of 2025,
dated 08.04.2025, registered for the offence punishable under
Sections 303(2) of the Bharatiya Nyaya Sanhita.
3. The allegation against the petitioner is that he is
involved in the theft of motorcycle of the informant
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. He submits that one co-accused, Manish Kumar,
was arrested by the police and allegedly disclosed the name of
the petitioner as his associate. It is further submitted that the
Patna High Court CR. MISC. No.3713 of 2026(3) dt.20-02-2026
2/3
stolen motorcycle was recovered from a place situated behind
the petitioner’s bathan; however, as a matter of fact, the
petitioner has no concern with the said place from where the
recovery was made and is in no way connected with the alleged
occurrence. Lastly, it is submitted that the petitioner has ten
criminal antecedents; in eight cases he has been acquitted, and
in two cases he is on bail. He undertakes that if, in future, the
petitioner is found to be involved in any similar offence, the
police officials may be granted liberty to take steps for
cancellation of his bail bonds, in the event the privilege of
anticipatory bail is extended to him.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the age and undertaking of the
petitioner, let the above named petitioner, be released on bail, in
the event of his arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Gopalganj/ Successor Court in connection with
Gopalganj Town P.S. Case No.262 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS as
Patna High Court CR. MISC. No.3713 of 2026(3) dt.20-02-2026
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well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona
fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce
or promise or threat the witnesses or tamper with the
evidences, failing which the State shall be at liberty to take
steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing
any similar criminal offence again, failing which the State/
police officials shall be at liberty to take steps for cancellation
of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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