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Patna High Court

Md. Yeshan @ Md. YehsanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.62417 of 2024(3) dt.03-02-2026
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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
Patna High Court CR. MISC. No.62417 of 2024(3) dt.03-02-2026
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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
           Patna High Court CR. MISC. No.62417 of 2024(3) dt.03-02-2026
                                                       4/4




                     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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