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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                  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
                                                        3/3




                              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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