Created by Fuzzy Cloud

Patna High Court

Shailendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.700 of 2026(2) dt.04-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.700 of 2026(2) dt.04-02-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.