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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, subject to specified conditions.

Summary

Ajay Kumar sought anticipatory bail after being implicated in a theft case (PUSA P.S. Case No. 108 of 2025) under Section 303(2) of the B.N.S. The prosecution alleged that his vehicle, carrying maize, was stolen and that he and co‑accused threatened the informant. The petitioner contended that he was falsely implicated, that no stolen goods were recovered from him, and that the informant suppressed their familial relationship to settle a personal dispute. He also highlighted the delay between the alleged incident and the FIR, and his clean antecedent. The State opposed the bail, but the High Court, considering the lack of material evidence and the petitioner's claims, granted anticipatory bail with conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. The order stipulated surety amounts, presence in court, and provisions for cancellation upon breach.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC.
  • Whether the allegations under Section 303(2) of the B.N.S. constitute sufficient ground for arrest.
  • Whether the petitioner’s claim of false implication and lack of recovered stolen property warrant bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 303(2) B.N.S.
  • Section 438 CrPC
  • Section 482 B.N.S.
  • false implication
  • theft
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85413 of 2025
                       Arising Out of PS. Case No.-108 Year-2025 Thana- PUSA District- Samastipur
                 ======================================================
                 Ajay Kumar S/O Sudin Sah R/o - ward no -7, Partapur, ,Muktapur, P.S -
                 Kalyanpur,Samastipur Bihar-848102

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Piyush Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   PUSA P.S. Case No. 108 of 2025 registered for the offences

                   under Sections 303(2) of the B.N.S.

                                3. As per the prosecution story, the informant has

                   alleged that on 30.07.2025 his vehicle, which was loaded with

                   24 quintals and 500 grams of maize, was stolen. It is further

                   alleged by the informant that it was the petitioner and other co-

                   accused persons who had been claiming shares in his income

                   and had been threatening him with action and therefore, they

                   might be the persons behind the alleged incident.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has falsely been implicated
Patna High Court CR. MISC. No.85413 of 2025(2) dt.15-01-2026
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          in the present case and there has been no recovery from the

          conscious possession of the petitioner or from his house of any

          material alleged to have been stolen. It has further been

          submitted that the petitioner happens to be the nephew

          (bhagina) of the informant, which has deliberately been

          suppressed by the informant. It has been submitted that since the

          petitioner has been demanding his mother’s share in the

          immovable property, the present false and concocted case has

          been registered against the petitioner only to settle personal

          scores. It has lastly been submitted that the alleged date of

          occurrence is 30.07.2025 whereas the FIR was lodged on

          05.08.2025 and that the petitioner carries clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioner 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) 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 PUSA P.S. Case No.
Patna High Court CR. MISC. No.85413 of 2025(2) dt.15-01-2026
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          108 of 2025 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 petitioner shall be his

                          close relative.

                          (ii) The petitioner 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 petitioner will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioner is found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioner and in case at

                          any stage it is found that the petitioner has

                          concealed his criminal antecedent, the court below

                          shall take step for cancellation of bail bond of the

                          petitioner. However, the acceptance of bail bonds in

                          terms of the above-mentioned order shall not be
           Patna High Court CR. MISC. No.85413 of 2025(2) dt.15-01-2026
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                                     delayed for purpose of or in the name of

                                     verification.

                                  7. Accordingly, the prayer for anticipatory bail is

                     allowed.



                                              (Sourendra Pandey, J)
aditya/-

U


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