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Patna High Court

Saket Kumar @ SakaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any material linking the petitioner to the alleged theft and given his clean antecedents, anticipatory bail was granted despite his name appearing only in a co‑accused's confessional statement.

Summary

The petitioner, Saket Kumar, sought anticipatory bail fearing arrest in a theft case under Section 379 of the Indian Penal Code. The FIR did not name him; his name appeared only in the confessional statement of a co‑accused, and no stolen articles were recovered from his possession. He asserted innocence and clean antecedents. The State opposed the bail. Considering the lack of material evidence linking the petitioner to the offence and his clean record, the court granted anticipatory bail, directing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is mentioned in a co‑accused's confessional statement.
  • Whether the absence of seized stolen articles and the petitioner's clean antecedents justify the grant of anticipatory bail under the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 379 IPC
  • theft
  • confessional statement
  • clean antecedents
  • bail bond
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43184 of 2026
                       Arising Out of PS. Case No.-381 Year-2021 Thana- MOKAMAH District- Patna
                 ======================================================
                 Saket Kumar @ Saka S/O Late Rambilash Chauhan R/O Village - Pharpar,
                 PS- Ariyahi, District- Sheikhpuara,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Suraj Kumar, Advocate
                 For the State           :        Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-07-2026                  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 Section 379 of the

                   Indian Penal Code.

                                3. As per prosecution case, it is alleged that e-

                   rickshaw and charger of the informant got stolen by some

                   unknown persons.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is not named in the F.I.R..

                   Name of petitioner transpired in this case during investigation in

                   the confessional statement of co-accused Akhilesh Chauhan.

                   Save and except confessional statement, there is no material on
             Patna High Court CR. MISC. No.43184 of 2026(2) dt.02-07-2026
                                                         2/2




                       record to show the complicity of this petitioner in the alleged

                       offence. No stolen articles were 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, general and omnibus nature of accusation, fact that no

                       stolen articles were recovered from possession of this petitioner

                       and clean antecedents of the petitioner, 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 Additional Chief Judicial

                       Magistrate-II, Barh, Patna in connection with Mokama P.S. Case

                       No. 381 of 2021, subject to condition as laid down under

                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


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