Patna High Court
Shailendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to verification of vehicle ownership and compliance with stipulated conditions.
Summary
Shailendra Kumar, a driver, was implicated in a theft case (PS Ghoshi Case No. 80 of 2025) under sections 303(2) and 317(5) of the BNS after a pickup van he was driving was found loading stolen material. The petitioner sought anticipatory bail, arguing he does not own the vehicle and has no criminal antecedent. The State opposed, contending the driver is liable for the alleged theft. The Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the Cr.P.C. with several conditions, including verification of vehicle ownership, furnishing bail money, sureties, regular court appearances, and non‑interference with witnesses. The order remains conditional; if the petitioner is found to be the vehicle owner, the bail may be set aside.
Issues considered
- Whether anticipatory bail can be granted to a driver accused under sections 303(2) and 317(5) of the BNS who does not own the vehicle.
- Whether the conditions imposed under Section 438(2) of the Cr.P.C. are appropriate in the present facts.
Legislation cited
- BNS — s. 303(2), 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- theft
- vehicle ownership
- driver liability
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.700 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Shailendra Kumar S/o Rajaram Yadav R/o Village- Ratan Bigha, PS- Ghoshi,
Okari, Distt- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Mr. Paras Nath, learned counsel for the petitioner
and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner apprehends his arrest in connection with
Ghoshi (Okari) P.S. Case No. 80 of 2025 for the offence registered
under sections 303(2), 317(5) of BNS.
3. As per the prosecution story, the informant upon noise
woke up and found that a pickup vehicle is present and the materials
present in the campus are being lifted and placed in the pickup van
having Registration No. BR01GK-9478. Accordingly, the Police was
sounded, the materials seized, which followed the FIR.
4. Learned Counsel for the petitioner submits that he has
been implicated only because of being the driver of the vehicle which
after the day’s work was parked by him in the owner’s campus.
Though not stated on affidavit, learned counsel for the petitioner
submits that his statement be recorded that the petitioner do not own
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the said Pickup van bearing Registration No. BR01GK-9478.
5. Learned APP for the State, on the other hand, opposes
the prayer for anticipatory bail submitting that allegation of theft is
against the petitioner who is driver of the pickup van which was
present at the spot.
6. Considering the submissions of the parties and the
submission made by the learned counsel for the petitioner in
particular the submission that he do not own the vehicle and it was
parked in the owner’s campus, the petitioner do not have criminal
antecedent either, in that background, this Court is inclined to grant
him the anticipatory bail with conditions.
7. The concerned Court to verify the said statement
whether the petitioner owns the vehicle or not before taking further
steps in the present matter and if it found that he is also the owner of
the vehicle, the order shall become infructuous.
8. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Jehanabad in connection with Ghoshi (Okari) P.S. Case No. 80 of
2025 subject to condition as laid down under Section 438(2) of the
Cr.P.C.
(i) one of the bailor should be the family
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members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond by
the Trial court itself;
(iii) the petitioner shall appear before the concerned police
station every month for next six months to mark attendance and at
the end of the period, the certificate be submitted to the Court;
(iv) the petitioner shall in no way try to induce or promise
or threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the bail
bonds;
(v) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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