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Patna High Court

Shrawan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        3/3




                      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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