Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Rohit Kumar, the owner of an Apache motorcycle, was implicated in a case under Section 303(2) of the Bhartiya Nyaya Sanhita after a motor was reported stolen and his bike was found abandoned. He applied for anticipatory bail, arguing that he was merely a suspect due to ownership and had no criminal record. The prosecution’s case relied on a First Information Report and a statement from an ASI that the motorcycle had been used by a person named Golu/Sudhir Kumar, not the petitioner. The court considered the petitioner’s clean antecedent and the ASI’s statement, finding insufficient grounds to detain him. Consequently, the court granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 303(2) of the Bhartiya Nyaya Sanhita given the circumstances of the case
- Whether the petitioner’s lack of criminal antecedent and the ASI’s statement justify the grant of bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 303(2), 482(2)
Subjects
- anticipatory bail
- Section 303(2)
- Section 482(2)
- Bhartiya Nyaya Sanhita
- motor theft
- no criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9416 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- FESHAR District- Aurangabad
======================================================
Rohit Kumar S/O Vishnupat Mehta @ Bisunpat Mehta R/O Vill.- Daulatpur
Ganj, P.S.- Obra, Dist.- Aurangabad. Owner of Apache Motorcycle bearing
Reg- BR26AA 6267
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh
For the Opposite Party/s : Mr. Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Fesar Police Station Case No. 111 of 2025, dated
15.09.2025, disclosing offences under Sections 303(2) of
the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 13.09.2025, in the night at about 09:00 PM, the
informant visited his field to see motor installed in the
field for irrigation purpose, but the same went missing.
The informant raised alarm upon which the persons
residing nearby assembled there. In the meanwhile, one
four wheeler vehicle crossed rashly at a distance of 500
Patna High Court CR. MISC. No.9416 of 2026(2) dt.12-03-2026
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meters from the field of the informant towards
Aurangabad. The informant informed the police about the
occurrence by dialing 112 and the police arrived there and
found one Apache Motorcycle, bearing No. BR26-AA-
6267, parked in abandoned condition at a distance of
about 01 km from the field of the informant. It was also
found that the motor of one Pramod Mehta was stolen by
unknown thieves. A suspicion has been raised that the
motorcycle parked in abandoned condition was being
used for the purpose of theft of motors.
4. Learned counsel for the petitioner submits that the
petitioner has been dragged in this case merely because
he happens to be the owner of the motorcycle and has
been made accused on suspicion only. He next submits
that during course of investigation one Govind Kumar,
ASI Excise, was examined and his statement was
recorded at page no. 20 of the case diary, in which, the
ASI has stated that one Golu @ Sudhir Kumar was
working as a spy for the excise police and was helping
them. He further submits that as per the statement of the
ASI the aforesaid motorcycle was being used by Golu @
Sudhir Kumar which belongs to his cousin i.e. the
Patna High Court CR. MISC. No.9416 of 2026(2) dt.12-03-2026
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petitioner. The petitioner is having no criminal
antecedent.
5. Regards being had to the submissions made on behalf of
the parties and taking into consideration the fact that the
petitioner is having no criminal antecedent and the
statement of ASI Excise Police recorded during
investigation as stated in para no. 15 of the bail
application, I am inclined to grant the petitioner privilege
of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Chief Judicial
Magistrate, Aurangabad, in connection with Fesar Police
Station Case No. 111 of 2025, subject to the condition
laid down under Section 482 (2) of the Bhartiya Nyaya
Sanhita.
(Anil Kumar Sinha, J)
ashwani/-
U T
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