Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to both petitioners, subject to bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Pankaj Kumar and Amit Kumar, were named in an FIR for theft of a motorcycle under Section 379 of the IPC (Samastipur Muffasil P.S. Case No. 54 of 2014). They were apprehended as pillion riders with co‑accused Tinku Choudhary, but the stolen motorcycle was recovered from the co‑accused, not from the petitioners. The petitioners, who had previously been acquitted by the trial court and claim clean antecedents, applied for bail, while the State opposed the relief. The court examined the fact that the vehicle was not found in the petitioners’ possession and considered their prior acquittal and good character. Relying on Section 482(2) of the BNSS, the court directed that both petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each. The order was made subject to the conditions prescribed by the learned Chief Judicial Magistrate, Samastipur.
Issues considered
- Whether bail should be granted to the petitioners accused under Section 379 IPC when the stolen property was not recovered from them
- Whether the petitioners’ prior acquittal and clean antecedents warrant bail despite the State’s opposition
Legislation cited
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
- Indian Penal Code — s. 379
Subjects
- bail
- theft
- Section 379 IPC
- Section 482
- clean antecedents
- co‑accused
- recovery of stolen property
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42180 of 2026
Arising Out of PS. Case No.-54 Year-2014 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Pankaj Kumar Son of Naresh Ray Resident of Mohalla- Ward No. 08,
Mohanpur, P.S.- Samastipur Muffasil, District- Samastipur (Bihar)
2. Amit Kumar Son of Ashok Ray Resident of Mohalla- Ward No. 08,
Mohanpur, P.S.- Samastipur Muffasil, District- Samastipur (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard the parties.
2.The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Samastipur
Muffasil P.S. Case No. 54 of 2014 registered for the
offences punishable under Sections 379 of IPC.
3. As per FIR the motorcycle of informant was
stolen by unknown miscreants.
4. It is submitted by learned counsel appearing
on behalf of the petitioners that the petitioner was
apprehended in Samastipur Town P.S. Case No. 182 of
Patna High Court CR. MISC. No.42180 of 2026(2) dt.06-07-2026
2/3
2014, where he was the pillion rider alongwith Tinku
Choudhary who was driving the motorcycle and was
apprehended by the police. It is submitted that said
motorcycle upon investigation found stolen motorcycle of
the informant of the present case. It is submitted that
on the basis of self confessions/ confessional statement
of co-accused as made in Samastipur Town P.S. Case
No. 182 of 2014, the petitioner was implicated with
present crime in question, where he has already
acquitted by ld. Trial court. It is argued that motorcycle
of informant was not recovered from the possession of
this petitioner rather from the co-accused Tinku
Choudhary. Petitioners claimed clean antecedents.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as recovery of motorcycle of the
informant not appears to be made from the physical
possession of these petitioners, accordingly both above-
named petitioners, in the event of their arrest or
Patna High Court CR. MISC. No.42180 of 2026(2) dt.06-07-2026
3/3
surrender before the court below within a period of four
weeks, are directed to be released on bail, furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the
satisfaction of the learned CJM, Samastipur /concerned
Court, where the case is pending in connection with
Samastipur Muffasil P.S. Case No. 54 of 2014, subject
to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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