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Patna High Court

Vijay ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         2/2




                       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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