Patna High Court
Tej Narayan Singh @ Tejan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Tej Narayan Singh, a 75‑year‑old caretaker, applied for anticipatory bail in a theft case (Police Station Case No. 236 of 2025) where he was alleged to have conspired with his son to steal jewellery and a motorcycle from the informant’s house. The FIR charges him under Sections 331(4), 305 and 317(2) of the Bharatiya Nyaya Sanhita. The petitioner argued that he had no criminal antecedent, was elderly, and that the lock was not broken, indicating no involvement. The informant claimed the petitioner’s connivance, while the State conceded that no prima facie material was found against him. Considering the lack of evidence, the petitioner’s age and clean record, the Court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and granted anticipatory bail, directing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged offences under Sections 331(4), 305 and 317(2) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s advanced age, lack of criminal antecedents, and the absence of prima facie material justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 305, 317(2), 331(4)
Subjects
- anticipatory bail
- criminal procedure
- theft
- elderly accused
- caretaker
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Section 331
- Section 305
- Section 317
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85716 of 2025
Arising Out of PS. Case No.-236 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Tej Narayan Singh @ Tejan Singh Son of Late Natal Singh Resident Of
Village- Chaidha PO- Babu Bagicha P S -Maheshkhut District -Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate
For the Informant : Mr. Jai Kishor Poddar, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 06-04-2026 Heard learned Counsel for the petitioner, learned
counsel for the Informant and learned Additional Public
Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Chautham Police Station Case No. 236 of 2025, registered for
the offences punishable under Sections 331(4), 305, 317(2) of
Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information
Report, is that on 19.08.2025 at about 01:00 p.m., the petitioner,
who is a caretaker of the informant’s house, locked the main gate
of the house and handed over the keys to the informant. It has been
stated that theft was committed in the house of the informant, and
jewellery of substantial value and a motorcycle, among other
articles, were stolen.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.85716 of 2025(4) dt.06-04-2026
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petitioner is aged about 75 years and has not committed any
offence in the manner alleged. Petitioner is a caretaker of the
house of the informant and, as per the First Information Report,
after locking the main gate, the petitioner handed over the keys to
the informant. The police has not found that the lock was either
opened or broken. The petitioner’s son was arrested by the police,
but no recovery was made from the house of the petitioner. The
son of the petitioner has already been granted regular bail by a Co-
ordinate Bench of this Hon’ble Court. Petitioner is having no
criminal antecedent.
5. On the other hand, learned counsel for the informant
submits that the petitioner, in connivance with his son, has
committed theft in the house of the informant and one motorcycle
was recovered from near the National Highway.
6. Learned counsel for the State submits that during
course of investigation no prima facie material has come against
the petitioner.
7. Regards being had to the submissions made by the
parties and taking into consideration the nature of allegation and
the fact that petitioner is having no criminal antecedent and is aged
about 75 years, I am inclined to grant the petitioner privilege of
anticipatory bail.
8. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.85716 of 2025(4) dt.06-04-2026
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9. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Khagaria, in
connection with Chautham Police Station Case No. 236 of 2025,
subject to the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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