Patna High Court
Bhim KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail‑bond and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Bhim Kumar, feared arrest in a case registered under Section 309(4) of the Bhartiya Nagrik Suraksha Sanhita, 2023, concerning the loot of a Mahindra tractor. The FIR named two persons and four unknowns; the petitioner’s name only emerged during investigation and no stolen property was found in his possession. He asserted a clean antecedent and pointed out that a co‑accused, Pappu Yadav, had already been granted anticipatory bail in a similar matter. The State opposed the bail application. Considering the lack of direct incrimination, absence of recovered articles, and the petitioner’s clean record, the Court ordered that he be released on bail upon surrender within eight weeks, subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482 of the same Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite not being named in the FIR.
- Whether the circumstances—no recovery of stolen property and clean antecedent—justify granting bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 309(4), 482
Subjects
- anticipatory bail
- bail
- theft
- loot
- Section 482
- Section 309(4)
- Bhartiya Nagrik Suraksha Sanhita
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4535 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- BANMANKHI District- Purnia
======================================================
Bhim Kumar S/o Utimlal Sah R/o of Belsara, P.O.- Belsara, P.S.- Raniganj,
District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 309(4) of B.N.S.,
2023 .
3. As per F.I.R. 2 named and 4 unknown persons
committed loot of Mahindra Tractor, of which, informant was
driver.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. His name transpired during
investigation. No stolen article has been recovered from
possession of this petitioner. Similarly situated co-accused
Pappu Yadav has been granted anticipatory bail by this Court,
vide order dated 08.12.2025 passed in Cr.Misc. No. 68390 of
2025. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.4535 of 2026(2) dt.11-02-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, 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, Purnea, in connection with
Banmankhi P.S. Case No. 153 of 2025, subject to condition as
laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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