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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 336(3)
  • BNSS — s. 482(2)

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
                                            2/3




          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
                                                          3/3




                        laid down under Section 482(2) of the BNSS.



                                                  (Shailendra Singh, J)

Rajiv/-

U         T


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