Patna High Court
Shivraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.
Summary
Shivraj Kumar was implicated in a case (Sare PS Case No. 150 of 2025) under Section 310(4) of the B.N.S., 2023 for allegedly planning a dacoity while riding a motorcycle. He applied for anticipatory bail, claiming innocence, lack of criminal antecedent, and that the motorcycle was improperly seized without a seizure list, violating Section 105 of the B.N.S. The State opposed the bail, arguing the vehicle’s seizure indicated his involvement. The court considered the petitioner’s clean record, the procedural lapses in the seizure, and the lack of substantive evidence linking him to the alleged crime. It granted anticipatory bail subject to a bail bond and sureties, under the conditions of Section 482(2) of the B.N.S., and directed compliance with the magistrate’s directions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 310(4) of the B.N.S., 2023.
- Whether the seizure of the petitioner’s motorcycle complied with the mandatory provisions of Section 105 of the B.N.S.
- Whether the petitioner’s clean antecedent and lack of substantive evidence warrant bail under Section 482(2).
Legislation cited
- B.N.S., 2023 — s. 105, 310(4), 482(2)
Subjects
- anticipatory bail
- Section 310(4)
- Section 105
- Section 482(2)
- vehicle seizure
- clean antecedent
- political victimisation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90590 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- SARE District- Nalanda
======================================================
Shivraj Kumar S/o- Chando Yadav R/v- Piprapur Ps- Sare Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Sare P.S. Case No. 150 of 2025 (G.R. No. 6005
of 2025) registered for the offences punishable under Section
310(4) of the B.N.S., 2023.
3. As per prosecution case, petitioner and other are
on a motorcycle and they are said to have been making plan for
committing dacoity at a lonely place and after seeing the police,
petitioner and other left the motorcycle at the place of
occurrence and fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that petitioner is owner of the
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motorcycle bearing Registration No. BR21AF8240. He further
submits that from the perusal of FIR, it appears that the
motorcycle in question has been kept in the premises of the
police station but no seizure list has been made which is clear
violation of mandatory provision of law. From the bare perusal
of prosecution story, it has not come to fore as to whether the
provision of Section 105 of BNSS has been complied or not. In
this way, the authenticity of the prosecution story is doubtful.
Except suspicion, there is nothing on record to demonstrate the
complicity of the petitioner with the alleged occurrence.
Petitioner bears no criminal antecedent. He further submits that
petitioner being a student is preparing for competitive
examination and has falsely been implicated in the present case
on account of village politics just to ruin his career. In the light
of the aforesaid facts and circumstances of the case, no offence
is made out against the petitioner as alleged in the FIR.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
motorcycle of the petitioner has been kept in police station and
hence, petitioner cannot escape from the allegation made in
FIR.
6. Considering the facts and circumstances of the
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case, keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
FC-X, Nalanda, Biharsharif in connection with Sare P.S. Case
No. 150 of 2025, subject to the conditions as laid down under
Section 482 (2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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