Patna High Court
Vijay ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Vijay Chaudhary, the petitioner, feared arrest in a theft case (Case No. 280 of 2025) registered under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, after a stolen battery was recovered from his residence. The prosecution alleged that the battery had been purchased by the petitioner from a co‑accused, implicating him in the offence. The petitioner contended that he was unaware that the battery was stolen, had no criminal antecedent, and had no association with the co‑accused, who had already been granted regular bail. The State opposed the petition for anticipatory bail. After considering the submissions and the circumstances, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 15,000 with two sureties of equal amount, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed the petitioner to surrender before the lower court within six weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
Subjects
- anticipatory bail
- theft
- stolen property
- Section 317
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91641 of 2025
Arising Out of PS. Case No.-280 Year-2025 Thana- NOKHA District- Rohtas
======================================================
Vijay Chaudhary S/o Late Chandrika Chaudhary Resident of Village- Mauan
Tola, P.S.- Nokha, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in Nokha P.S. Case
No. 280 of 2025, registered under Sections 317(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the
disclosure of co-accused person, one stolen battery has been
recovered from the house of this petitioner which was purchased
by him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel for the petitioner also submits that
the petitioner was oblivious of the fact that the battery was
Patna High Court CR. MISC. No.91641 of 2025(3) dt.30-01-2026
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stolen one. The petitioner has purchased the battery from co-
accused person. It is further submitted that the petitioner has got
no concern with the co-accused persons. The petitioner has got
no criminal antecedent. Learned counsel for the petitioner
further submits that other co-accused has been granted regular
bail by this Court vide order dated 02.12.2025 passed in Cr.
Misc. No. 79870 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nokha P.S. Case No.
280 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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