Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioners, subject to conditions, as they are not directly implicated in the theft offence.
Summary
The petitioners, Sachin Kumar and Raju Mandal, sought anticipatory bail fearing arrest in a theft case (G.R. No.3001 of 2023) involving a motorcycle allegedly stolen under Section 379 IPC. They argued that they were not named in the FIR and were only linked to the crime because the vehicle was later recovered from them in a separate case, asserting they had no role in the theft. The State opposed the bail, highlighting the petitioners’ prior criminal antecedents under Section 30(a) of the Bihar Prohibition and Excise Act. The Court examined whether the petitioners’ connection to the alleged offence warranted denial of anticipatory bail under Section 438 CrPC. Considering the lack of direct accusation and the principle of liberty, the Court granted anticipatory bail subject to stringent conditions, including surety, personal appearance, and monitoring by the Superintendent of Police. The order clarified that any observations made would not affect the trial proceedings.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted to petitioners not named in the FIR but linked to the stolen vehicle.
- Whether the petitioners’ prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- theft
- motor vehicle
- Section 379 IPC
- Section 438 CrPC
- prior criminal antecedent
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81919 of 2025
Arising Out of PS. Case No.-511 Year-2023 Thana- BHAGALPUR KOTWALI District-
Bhagalpur
======================================================
1. Sachin Kumar, S/o Jogendra Mandal @ Sri Jogendra Mandal @ Sri Jogi
Mandal, R/o Village / Mohalla - Parbatta, P.S - Naugachia, District -
Bhagalpur
2. Raju Mandal, S/o Bhujo Mandal, R/o Village / Mohalla - Parbatta, P.S -
Naugachia, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with G.R. No. 3001 of 2023 arising out of Kotwali P.S. Case
No. 511 of 2023 registered for the offence under Section 379 of
the I.P.C.
3. As per the prosecution case, the informant has
alleged that while he had gone to the market to purchase some
vegetables, his motorcycle bearing Reg. No.BR10R9733 was
taken away by unknown persons.
4. Learned counsel for the petitioners submit that the
petitioners are not named in the FIR and they have falsely been
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implicated in this case merely because the motorcycle was
subsequently recovered from their possession in one another
case being Kharik P.S. Case No.265 of 2023. Learned counsel
for the petitioners submits that the petitioners have not
committed any theft of the vehicle in fact the said vehicle was
given to them by somebody upon which liquor was being
transported and the petitioners were apprehended in the said
case, however, they have no concern whatsoever with the
present case of theft. It has lastly been submitted that the
petitioners have one criminal antecedent each, which was
registered under Section 30(a) of the Bihar Prohibition and
Excise Act and only since the vehicle recovered from them was
the same vehicle which had been taken away in the present case
the petitioners have falsely been implicated.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
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like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
G.R. No. 3001 of 2023 arising out of Kotwali P.S. Case No. 511
of 2023, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioners
shall be their close relative.
(ii) The petitioners shall remain
physically present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates, or in violation of the terms of
the bail, the bail bond of the petitioners will be
liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved
in similar nature of offence in future, the
prosecution shall be at liberty to move for
cancellation of their bail bond.
(v) The learned Court below shall verify
the criminal antecedent of the petitioners and in
case at any stage it is found that the petitioners
have concealed their criminal antecedent, the court
below shall take step for cancellation of bail bonds
of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
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verification.
(vi) In view of the antecedent of the
petitioners, the petitioners are directed to appear
before the Superintendent of Police, Bhagalpur
within fifteen days of their release with a copy of
this order and every two weeks thereafter for the
next nine months. The conduct of the petitioners
will be kept under watch in this period by the
Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be
made to the Court concerned by him to initiate a
proceeding for cancellation of bail for reasons of
misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed
by the petitioners before the courts concerned.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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