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Patna High Court

Niraj SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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