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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.81919 of 2025(2) dt.15-01-2026
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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
Patna High Court CR. MISC. No.81919 of 2025(2) dt.15-01-2026
                                               3/4




          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
              Patna High Court CR. MISC. No.81919 of 2025(2) dt.15-01-2026
                                                          4/4




                                        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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