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Patna High Court

Dilip Kumar @ Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Dilip Kumar, sought anticipatory bail after being named in an FIR for the theft of a motorcycle, alleged under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, based on a co-accused's confessional statement. The prosecution argued that the petitioner was implicated, while the petitioner contended that no incriminating material was found in his possession and he had no prior criminal record. The Additional Public Prosecutor opposed the bail. The court considered the lack of seized evidence and the petitioner's clean antecedent, and decided to grant anticipatory bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties, compliance with Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, and specific undertakings regarding appearance, non‑tampering with witnesses, and refraining from further offences. The order directed the petitioner to surrender within thirty days if arrested and to adhere to the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses
  • Whether the lack of incriminating material and clean antecedent justify bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • theft
  • motor vehicle
  • clean antecedent
  • bail conditions
  • Section 303
  • Bharatiya Nyaya Sanhita
  • Bhartiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42494 of 2026
                 Arising Out of PS. Case No.-120 Year-2026 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Dilip Kumar @ Ajit Kumar S/o Yogendra Bhagat Resident of Village-
                 Shivpur Pakariya ,P.S- Madhuban, District -East Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Karandeep Kumar, Advocate
                 For the Opposite Party/s :      Mr.Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   01-07-2026                      Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Madhuban P.S. Case No. 120 of 2026 F.I.R

                   dated 20.03.2026 registered for the offences punishable under

                   Section 303 (2) of Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, on 16.03.2026 at

                   around 01:00 A.M. the informant’s motorcyle, bearing Reg. No.

                   BR06AN-2813, black and red in color, was stolen from his

                   doorstep which is registered in the name of his nephew, Krishna

                   Kumar. Accordingly, the informant has lodged the F.I.R. for

                   tracing and recovery of the said vehicle.

                               4. Learned counsel for the petitioner submits that the

                   petitioner’s name has been transpired in the F.I.R. on the basis
Patna High Court CR. MISC. No.42494 of 2026(2) dt.01-07-2026
                                            2/3




          of the confessional statement made by the co-accused. It has

          next been submitted that nothing incriminating is said to have

          been recovered from the constructive possession of this

          petitioner. The petitioner has no criminal antecedent.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail in respect of the petitioner.

                       6. Considering the aforesaid fact that nothing

          incriminating has been recovered from the constructive

          possession of this petitioner and the petitioner has got clean

          antecedent. Accordingly, this Court is inclined to grant the

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate-

          VI, Motihari, East Champaran in connection with the aforesaid

          P.S. Case, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure / Section 482(2) of

          the Bhartiya Nagarik Suraksha Sanhita and with other following

          conditions:-
              Patna High Court CR. MISC. No.42494 of 2026(2) dt.01-07-2026
                                                          3/3




                                                     (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           criminal offence again, failing

                                        which the State shall be at liberty to take steps for

                                        cancellation of their bail bonds.



                                                                             (Ajit Kumar, J)
surya/-

U         T


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