Patna High Court
Sanjeev SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Petitioner Sanjeev Sah sought anticipatory bail after being implicated in a theft case (PS Sarai Case No. 273 of 2025) where two accused thieves alleged that stolen goods were sold from his shop. The petitioner argued that no incriminating articles were recovered and that his inclusion was merely on suspicion, though he has prior convictions under the Excise Act. The State opposed the bail, citing the seriousness of the alleged offences under Sections 303(2), 317(2) and 3(5) of the BNSS. The High Court, after considering the lack of material evidence and the petitioner’s cooperation, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions regarding physical presence, verification of antecedents, and possible cancellation. The order emphasized that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of involvement in theft and prior criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2), 317(2), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- theft
- false implication
- prior criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6227 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- SARAI District- Vaishali
======================================================
Sanjeev Sah Son of Vishwanath Sah R/o Village - Adarsh Nagar, Sarai, Police
Station - Sarai, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Krishna Jha, Adv.
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Sarai P.S. Case No. 273 of 2025 dated 20.10.2025
registered for the offences punishable under Sections 303(2),
317(2) and 3(5) of the B.N.S.
3. As per the prosecution case, two apprehended
accused persons namely, Vishal Kumar and Kanhai Kumar were
caught while committing theft. It is further alleged that the
apprehended persons disclosed the name of the petitioner and
stated that they used to sell the stolen articles after committing
theft at the shop of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It has further
Patna High Court CR. MISC. No.6227 of 2026(2) dt.04-02-2026
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been submitted that no incriminating article has been recovered
from the shop of the petitioner and merely on suspicion, the
petitioner has been named in the present case. It has lastly been
submitted that the petitioner has two criminal antecedents under
the Excise Act.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Sarai P.S. Case No. 273 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
Patna High Court CR. MISC. No.6227 of 2026(2) dt.04-02-2026
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(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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