Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted anticipatory bail to the petitioner, finding no sufficient ground for arrest.
Summary
Sunil Kumar petitioned the Patna High Court for anticipatory bail after learning that a FIR (Beur PS Case No. 508 of 2025) had been lodged against him under Section 336(3) of the BNS for the alleged theft of a tractor. He contended that the tractor was lawfully purchased from Babloo Yadav, as evidenced by a sale agreement, and that the only irregularity – a scratched digit on the registration plate – was caused by children playing, not by any criminal act. The petition highlighted that the engine and chassis numbers on the seized tractor matched those in the sale agreement and that no forgery was found. The State opposed the bail, arguing the seizure justified further investigation. Considering the petitioner’s young age, clean antecedent, and the lack of incriminating evidence, the court granted anticipatory bail subject to a bond of Rs. 20,000 with two sureties, invoking Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the facts of the case
- Whether the seizure of the tractor constitutes sufficient ground for arrest under Section 336(3) of the BNS
Legislation cited
Subjects
- anticipatory bail
- Section 336
- Section 482
- theft
- registration plate
- forgery
- young age
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8928 of 2026
Arising Out of PS. Case No.-508 Year-2025 Thana- BEUR District- Patna
======================================================
Sunil Kumar, Son of Ravindra Ravidas, Resident of Village - Kaila, Police
Station - Sare, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Adv.
For the State : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 24-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Beur P.S. Case No. 508 of 2025 dated 09.09.2025 registered
for the offence(s) punishable under Section(s) 336(3) of the BNS.
3. Mr. Sudish Kumar, learned counsel appearing for
the petitioner submits that the petitioner's tractor with trolley was
suspected to be stolen by the police on the ground that one digit
on the registration number plate appeared scratched however, the
said scratching was caused by the children while playing. It is
further submitted that the petitioner's father purchased the alleged
tractor from one namely Babloo Yadav and in this regard, a copy
Patna High Court CR. MISC. No.8928 of 2026(2) dt.24-02-2026
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of sale agreement has been brought on record as Annexure- P/2
and as per the terms and condition of that agreement, the
petitioner is continuously paying the installments and presently
the registration number of the alleged vehicle stands in the name
of said Babloo Yadav and the FIR itself goes to show that no any
kind of forgery to the engine and chassis number of the alleged
tractor was found and the tractor mentioned in the sale agreement
bears the same engine and chassis numbers as the tractor seized at
the spot. It is lastly submitted that the petitioner is young person
having fair and clean antecedent.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the above submissions as well as the petitioner's pleas
in his petition, mainly coupled with the petitioner's young age and
fair and clean antecedent, this court is inclined to grant him the
relief of anticipatory bail. Accordingly, let the petitioner named-
above, in the event of his arrest/surrender before the learned court
below within a period of six weeks from today, be released on
anticipatory bail in connection with Beur P.S. Case No. 508 of
2025 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the Court concerned, subject to the conditions as
Patna High Court CR. MISC. No.8928 of 2026(2) dt.24-02-2026
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laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
Rajiv/-
U T
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