Patna High Court
MD. AINULversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The provisional bail granted to the petitioner is confirmed subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Md. Ainul, a driver of a pickup van, was alleged to have been involved in the recovery of eleven drams of kerosene oil. He had been granted provisional bail on 09-11-2023. The petitioner applied for confirmation of this bail. The court, after hearing counsel, considered the submissions and the applicability of Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. It found no reason to revoke the bail and therefore confirmed the provisional bail with the same bailors and bonds, subject to the statutory conditions. The order effectively upheld the bail granted to the petitioner.
Issues considered
- Whether the provisional bail granted to the petitioner should be confirmed
- Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS are satisfied for confirmation of bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- provisional bail
- Criminal Procedure
- Bhartiya Nagrik Suraksha Sanhita
- kerosene oil
- driver
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54938 of 2023
Arising Out of PS. Case No.-132 Year-2022 Thana- BANGARA District- Samastipur
======================================================
Md. Ainul, son of Md. Sayeed, resident of Village- Chakbangri, P.O.- Kubauli
P.S.- NH Bangra, Dist- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 05-01-2026 Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
2. Considering the submission, as
petitioner was driver of one of the pickup van, from
where eleven drams of kerosene oil was alleged to
be recovered, the provisional bail granted to the
petitioner vide order dated 09.11.2023 is hereby
confirmed with same bailors and bonds, subject to
the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
Patna High Court CR. MISC. No.54938 of 2023(5) dt.05-01-2026
2/2
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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