Patna High Court
Rameshwar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 318(4), 336(3), 3(5)
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
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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
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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