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Patna High Court

Rameshwar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Rameshwar Das, sought anticipatory bail after the police indicated he might be arrested in a case involving two stolen Bolero vehicles, alleged under Sections 317(2), 318(4), 336(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied on the recovery of the vehicles from co‑accused and the co‑accused’s confessional statement implicating the petitioner, though no incriminating material was found in the petitioner’s possession and he was not present at the scene. The petitioner’s counsel argued that the confessional statement of the co‑accused is inadmissible, the petitioner has no criminal antecedent, and a co‑accused had already been granted regular bail. The State opposed the bail, fearing the petitioner might flee or tamper with evidence. Considering the lack of direct evidence and the petitioner’s clean record, the Court granted anticipatory bail on the condition of a Rs.15,000 bond and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in the absence of direct incriminating material.
  • Whether the confessional statement of a co‑accused can be the basis for arrest.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • stolen vehicle
  • confessional statement
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5021 of 2026
                  Arising Out of PS. Case No.-211 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Rameshwar Das S/o- Dasrath Das R/v- Manikpur Saraya Ps-Harsiddhi
                 District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Harsidhi P.S. Case No. 211 of 2025, instituted for the offences

                   punishable under Sections 317(2), 318(4), 336(3) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that two stolen

                   Bolero vehicles have been recovered from the possession of co-

                   accused persons and on demand of papers, they failed to

                   produce any valid documents before the police.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.5021 of 2026(2) dt.30-01-2026
                                            2/3




          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submits that the petitioner was not present on

          spot and name of the petitioner has transpired in this case on the

          basis of confessional statement made by the apprehended co-

          accused and the same has got no evidentiary value. It is further

          submitted that no any stolen articles have been recovered from

          the possession of the petitioner and the petitioner is not the

          owner of the alleged vehicles. The petitioner has got no criminal

          antecedent. Learned counsel for the petitioner further submits

          that other co-accused has been granted regular bail by this Court

          vide order dated 07.08.2025 passed in Cr. Misc. No. 50987 of

          2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named in the event of arrest/surrender

          before the learned Court below within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Harsidhi P.S. Case

          No. 211 of 2025, subject to the conditions as laid down under
           Patna High Court CR. MISC. No.5021 of 2026(2) dt.30-01-2026
                                                       3/3




                     Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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