Patna High Court
RajPal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, as he was not complicit in the alleged offence.
Summary
Petitioner RajPal Singh, a guarantor of a truck carrying mustard oil, feared arrest in a case registered under Sections 316(2), 318(4), 303(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) after 1,027 cartons of oil went missing when the truck fell into a ditch. The FIR was lodged three days after the incident, and the prosecution alleged the theft but identified the petitioner only as the guarantor, not the owner or participant. The petitioner sought anticipatory bail, arguing he had no role in the alleged theft and was being targeted to pressure the informant for loss recovery. The State opposed the bail on the basis of the FIR allegations. The Court, noting the delay in filing the FIR and the petitioner's lack of complicity, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order allows the petitioner to be released on bail if arrested or to surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to a guarantor who is not alleged to have participated in the theft of mustard oil.
- Whether the three‑day delay in lodging the FIR warrants granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 303(2), 316(2), 318(4), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- guarantor
- theft
- delay in FIR
- BNSS
- CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67509 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
RajPal Singh S/O Pratap Singh Resident of Mohalla- Subhash Nagar,
(Bharatpur), Police Station- Shahar kotwaliya, Dist.- Bharatpur, Rajasthan
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 316(2),
318(4), 303(2) and 3(5) of the B.N.S.
3. The case of the prosecution is that a Truck
bearing Registration no.RJ-05-GP-3621, which was carrying
mustard oil fell into a ditch and an intimation was given to the
informant, but when he reached he found the Truck standing
near a petrol pump and 1027 catroon of mustard oil worth
Rs.17,81,000/- were found missing.
4. The learned counsel for the petitioner submits
that it would be evident from the F.I.R. itself that truck in
question had fell into ditch in the night of 13.01.2025,
Patna High Court CR. MISC. No.67509 of 2025(3) dt.17-01-2026
2/3
whereafter an information with regard to the same was given to
the owner. The theft of the cartoon of mustard oil had occurred
with regard to which a sanha was also filed before the S.H.O.,
Sadar Darbhanga by the driver Tejveer Singh. So far as the
petitioner is concerned, it has been submitted that in the bail
rejection order, the petitioner has been wrongly referred to as
the owner of the Truck, whereas he is the guarantor and he has
no role whatsoever in the theft of the articles loaded in the
concerned Truck and the present case has been lodged only with
a view to put pressure in order to recover the loss incurred by
the informant.
5. Learned APP for the State opposed the prayer
for anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there has been a
delay of three days in lodging of the First Information Report
and further considering the fact that the petitioner only happens
to be the guarantor of the said Truck having no complicity in the
alleged offence, let the above named petitioner, be released on
bail, in the event of his arrest or surrender before the learned
Court below within a period of four weeks from today, on
Patna High Court CR. MISC. No.67509 of 2025(3) dt.17-01-2026
3/3
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 Darbhanga Sadar P.S. Case No. 18 of
2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…