Patna High Court
Shrawan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner subject to specified conditions.
Summary
Shrawan Kumar was arrested in connection with Arwal P.S. Case No. 524 of 2023 for alleged offences under Sections 409 and 379 of the Bharatiya Nagrik Suraksha Sanhita, 2023. The arrest stemmed from a prior incident (Case No. 522 of 2023) where his tractor, seized during a vehicle check for illegal sand, was later stolen while he was in judicial custody. The petitioner argued that he had no involvement in the theft of the tractor and that his antecedents were clean, seeking pre‑arrest bail. The State opposed the bail application, contending the seriousness of the offences. The Court, noting the petitioner’s clean record, his custody status at the time of the theft, and the lack of direct evidence linking him to the disappearance of the tractor, granted bail subject to a bond of Rs.10,000, two sureties, one of whom must be a close family member, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner in connection with offences under Sections 409 and 379 of the Bharatiya Nagrik Suraksha Sanhita, 2023, given the alleged theft of the seized tractor.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- pre‑arrest bail
- criminal procedure
- theft
- illegal sand
- Sections 409
- Sections 379
- Bharatiya Nagrik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66794 of 2025
Arising Out of PS. Case No.-524 Year-2023 Thana- Arwal District- Arwal
======================================================
Shrawan Kumar S/O Ravindra Pandit R/O Village- Sikariya, P.S- Sikariya,
Distt.- Patna, PIN- 801110. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Singh, Adv.
Mr. Magan Kumar, Adv.
Ms. Sandhya Kumari, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
5 21-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Arwal P.S. Case No. 524 of 2023, registered for the
offences punishable under Sections 409 and 379 of the BNS,
2023.
3. The police in course of vehicle checking
intercepted two tractors laden with illegal sand, leading to
institution of the Arwal P.S. Case No. 522 of 2023. The
petitioner on being found owner of one of the tractor, he was
taken into custody. The seized tractor was kept in a field by
entrusting to Chaukidar, however, later on, the tractor has been
allegedly taken away by the driver and its owner.
4. Learned Advocate for the petitioner taking this
Court through the FIR contended that once the petitioner was
Patna High Court CR. MISC. No.66794 of 2025(5) dt.21-01-2026
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arrested in connection with transportation of illegal sand and the
said tractor was also seized in connection with Arwal P.S. Case
No. 522 of 2023, there was no occasion for the petitioner that he
stealthily taken away the tractor. In fact some other persons
might have caused disappearance of the tractor, but on account
of the petitioner being owner of the tractor, in question, his
name has been implicated in this case, so that the Chaukidar to
whom the entrustment was made any how saved from penal
action. The petitioner has no concern with the subsequent
occurrence of theft of his own tractor. So far the earlier case
bearing Arwal P.S. Case No. 522 of 2023 is concerned, now the
petitioner has been released from custody. Prior to the institution
of the Arwal P.S. Case No. 522 of 2023, the petitioner had
absolutely clean antecedent and he undertakes that he will fully
co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
fact that the date on which the tractor, in question, was taken
away, the petitioner was in judicial custody in connection with
Arwal P.S. Case No. 522 of 2023 and prior to that, the petitioner
Patna High Court CR. MISC. No.66794 of 2025(5) dt.21-01-2026
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had absolutely fair antecedent, let the petitioner above named be
released on bail, in the event of his arrest or surrender before the
court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned CJM, Arwal in
connection with Arwal P.S. Case No. 524 of 2023, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
shivank/-
U T
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