Patna High Court
Dilip Kumar @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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(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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