Patna High Court
Rishu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to payment of Rs 5,000 to the informant and compliance with the conditions stipulated under Section 438(2) of the CrPC.
Summary
The petitioner, Rishu Kumar, feared arrest in a 2016 theft case (Fatuha PS Case No. 430 of 2016) filed under Section 379 of the Indian Penal Code. The prosecution alleged that the petitioner was involved in the theft of iron rods, but no formal processes had been issued against him. The petitioner, through counsel, offered to pay Rs 5,000 to the informant as compensation and argued that the case was old and he should not be detained on mere suspicion. The State opposed the relief, citing the age of the case. The Court, considering the lack of processes and the petitioner’s willingness to pay the informant, granted anticipatory bail subject to payment of Rs 5,000 and a set of strict conditions, including a bail bond of Rs 10,000 with two sureties, regular appearances before the trial court and police, and prohibitions against tampering with evidence. The order will become ineffective if any criminal process is issued against the petitioner.
Issues considered
- Whether anticipatory bail can be granted in an old theft case where no criminal process has yet been issued against the petitioner.
- Whether the condition of payment to the informant is permissible as a term for granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- Theft
- IPC 379
- CrPC 438
- old case
- payment to informant
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90074 of 2025
Arising Out of PS. Case No.-430 Year-2016 Thana- FATUA District- Patna
======================================================
Rishu Kumar Son of Ashok Singh R/o Village - Jethuli, P.S. - Nadi, Dist. -
Patna(Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanoj Kumar, Advocate
For the Opposite Party/s : Mrs.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Fatuha P.S. Case No. 430 of 2016 instituted under Section
379 of the Indian Penal Code lodged on 10.11.2016 by the
informant, Ashok Kumar.
3. As per the prosecution story, the informant alleged
that he purchased iron rods and the same was kept in the Tractor
but later some of it was stolen and the petitioner played an
important role in the said theft. This led to the FIR.
4. Learned counsel for the petitioner submits that
nothing has come against him and only on the basis of
suspicion, he has been implicated though concedes that he has
criminal antecedent. Last submission is that irrespective of the
outcome of the present case and/or accepting the allegation, the
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petitioner intends to contribute Rs.5000/-to the informant
through Demand Draft issued by the local State Bank of India
branch/Any Nationalized Bank to be submitted before the
concerned Court to be handed over to the informant/injured
after checking the credential. Learned counsel for the petitioner
further submits that though it is an old case, processes have not
been issued against him.
5. Learned APP opposes the prayer submitting that it
is an old case.
6. Considering the submissions of the parties and
taking into account the stand of the petitioner that the processes
have not been issued against him, intends to pay Rs.5000/- to
the informant, this Court is inclined to extend him the privilege
of anticipatory bail subject to payment of Rs.5000/-to the
informant through Demand Draft issued by the local State Bank
of India branch/Any Nationalized Bank to be submitted before
the concerned Court and to be handed over to the informant
after checking the credential. However, it is made clear that if
processes have been issued against him, the order shall become
infructuous.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
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period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Fatuha P.S. Case No.
430 of 2016 to the satisfaction of learned A.C.J.M.-II, Patna
city, Patna subject to the conditions as laid down under Section
438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter ID/Driving License/Pan Card etc)
to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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