Patna High Court
Sanjeet Rai @ Sanjiv Kumar @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner as the prosecution failed to produce material linking him to the stolen motorcycles.
Summary
The petitioner, Sanjeet Rai, sought anticipatory bail in a case registered under Sections 414 and 34 of the Indian Penal Code for alleged involvement in the theft of two motorcycles. The prosecution claimed that secret information led to a search of the petitioner’s house and the recovery of the stolen motorcycles near a riverbank behind his residence. The petitioner contended that no stolen vehicle was found in his possession, he had no involvement in the alleged crime, and he possessed a clean antecedent record. The State opposed the grant of anticipatory bail. The High Court, after considering the lack of incriminating material against the petitioner and his clean record, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC, for a period of eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 414 and 34 IPC.
- Whether the material on record is sufficient to justify denial of anticipatory bail.
- Whether the High Court can enlarge bail under Section 482(2) of the CrPC.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 34, 414
Subjects
- anticipatory bail
- IPC 414
- IPC 34
- CrPC 482
- theft
- bail conditions
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39732 of 2026
Arising Out of PS. Case No.-63 Year-2020 Thana- RAGHOPUR District- Vaishali
======================================================
Sanjeet Rai @ Sanjiv Kumar @ Sandeep Kumar Son of Kishor Rai Resident
of Village - Jafrabad, Police Station - Raghopur (Rustampur O.P.), District -
Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sachin Kumar, Advocate
For the State : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 414 and 34
of the Indian Penal Code.
3. As per prosecution case, police got secret
information that all the F.I.R. named accused persons, including
this petitioner, are involved in transaction of stolen two wheeler
and acting thereupon, house of the accused persons was
searched and two stolen motorcycles were recovered parked
near the river bank behind the house of this petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.39732 of 2026(2) dt.29-06-2026
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committed no offence. The alleged stolen motorcycles were not
recovered from the house of this petitioner rather they were
recovered from near the bank of river and petitioner has got no
concern with the seized motorcycles. Save and except suspicion,
there is no material on record to show the complicity of this
petitioner in the alleged offence. No incriminating article has
been recovered from possession of this petitioner. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, fact that no stolen motorcycle was recovered from
possession of this petitioner and clean antecedents, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Vaishali at Hajipur in connection with Raghopur (Rustampur
O.P.) P.S. Case No. 63 of 2020, subject to condition as laid
Patna High Court CR. MISC. No.39732 of 2026(2) dt.29-06-2026
3/3
down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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