Patna High Court
Md. Yeshan @ Md. YehsanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Md. Yeshan, a driver employed by St. Paul School, was named in an FIR for alleged theft of a Bolero Jeep (registration BR-31PA-7513) under IPC sections 379 and 420. He claimed the vehicle was on hire to the school and that he had promptly reported the theft to the police, but no FIR was lodged against him; instead, the vehicle owner filed the FIR. The petitioner sought anticipatory bail, asserting his clean antecedent and lack of any complaint from the school or the registered owner. The State opposed the bail, while the informant argued the petitioner, as the driver, should disclose the vehicle's whereabouts. The court, noting the petitioner’s bona fide approach and clean record, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under IPC sections 379 and 420.
- Whether the petitioner, as the driver of a hired vehicle, bears liability to disclose the whereabouts of the vehicle.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 379, 420
Subjects
- anticipatory bail
- theft
- vehicle theft
- criminal procedure
- clean antecedent
- hire agreement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62417 of 2024
Arising Out of PS. Case No.-326 Year-2024 Thana- NAGAR District- Vaishali
======================================================
Md. Yeshan @ Md. Yehsan, Son of Md. Abdul Vahid @ Abdul Vahid,
Resident of Mohalla-Bagdulhan, Police Station- Hajipur Town in the district
of Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Aryamani Kumar, Advocate
Mr. Ranjeet Kumar, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
For the Informant : Mr. Shyameshwar Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State duly assisted by
learned counsel appearing for the informant.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Hajipur Town P.S.
Case No.326 of 2024 registered under Sections 379 and 420
of the Indian Penal Code.
3. As per FIR, the Bolero Jeep bearing Registration
No.BR-31PA-7513 belongs to informant was stolen, where
suspicion was raised against the petitioner, who was the
driver of the vehicle.
4. It is submitted by learned counsel appearing for
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petitioner that in fact the vehicle in issue was given on the
basis of hire agreement to the St. Paul School, Hajipur, where
this petitioner was working as a driver. It is submitted that
unfortunately the vehicle was stolen for which, this petitioner
also visited to police station on very next day i.e. on
11.05.2024 as to lodge FIR but, his FIR was not lodged by
concerned police station, whereafter this petitioner reported
the occurrence to Sub Divisional Police Officer and also the
Superintendent of Police, Vaishali even thereafter, no action
was taken, which forced him to lodge a complaint case
regarding the occurrence, which was registered before the
learned C.J.M. as Complaint Case No.1190/2024. It is
submitted that this act of petitioner suggest his bona fide
approach towards the occurrence but, in the meantime, the
owner of the vehicle to create unnecessary legal pressure,
lodged FIR for the occurrence, making allegation against this
petitioner. It is submitted that no such complaint was lodged
by St. Paul School, Hajipur in the background of the specific
allegation that the vehicle in issue was given to said school
under hire agreement. It is submitted that admittedly this
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petitioner was the employee of St. Paul School, where he was
working since last 20 years and no such allegation was ever
raised against him. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail.
6. Mr. Shyameshwar Kumar Singh, learned counsel
appearing for the informant while opposing the prayer of
anticipatory bail submitted that vehicle was given to this
petitioner for its plying by the school authority but, on the last
occasion, it was with petitioner and, therefore, he is
responsible to disclose qua whereabouts of the vehicle. It is
conceded that the informant is not the registered owner of the
vehicle rather it was purchased on Stamp paper of Rs.
1,000/- from one Nageshwar Prasad Singh, son of Ram Jatan
Singh, village-Sanchipatti, Dist.-Vaishali.
7. In view of aforesaid factual submissions and by
taking note of fact as prima facie the approach of petitioner
appears bona fide towards the occurrence as far reporting to
the concerned police station is concerned, coupled with the
fact that petitioner was the driver of the school, where no
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such complaint was ever raised by school authority and also
by registered owner of vehicle against this petitioner, who is a
man of clean antecedent, accordingly, the petitioner, above-
named, in the event of his arrest or surrender in the court
below within a period of four weeks from today, is directed to
be released on bail 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 Cheif Judicial
Magistrate, Vaishali at Hajipur in connection with Hajipur
Town P.S. Case No.326 of 2024, 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’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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