Shailendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.700 of 2026 Arising Out of PS. Case No.-80 Year-2025 Thana- GHOSI District- Jehanabad ====================================================== Shailendra Kumar S/o Rajaram Yadav R/o Village- Ratan Bigha, PS- Ghoshi, Okari, Distt- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-02-2026 Heard Mr. Paras Nath, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner apprehends his arrest in connection with Ghoshi (Okari) P.S. Case No. 80 of 2025 for the offence registered under sections 303(2), 317(5) of BNS.
3. As per the prosecution story, the informant upon noise woke up and found that a pickup vehicle is present and the materials present in the campus are being lifted and placed in the pickup van having Registration No. BR01GK-9478. Accordingly, the Police was sounded, the materials seized, which followed the FIR.
4. Learned Counsel for the petitioner submits that he has been implicated only because of being the driver of the vehicle which after the day's work was parked by him in the owner's campus. Though not stated on affidavit, learned counsel for the petitioner submits that his statement be recorded that the petitioner do not own
Patna High Court CR. MISC. No.700 of 2026(2) dt.04-02-2026 2/3 the said Pickup van bearing Registration No. BR01GK-9478.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that allegation of theft is against the petitioner who is driver of the pickup van which was present at the spot.
6. Considering the submissions of the parties and the submission made by the learned counsel for the petitioner in particular the submission that he do not own the vehicle and it was parked in the owner's campus, the petitioner do not have criminal antecedent either, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. The concerned Court to verify the said statement whether the petitioner owns the vehicle or not before taking further steps in the present matter and if it found that he is also the owner of the vehicle, the order shall become infructuous.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Ghoshi (Okari) P.S. Case No. 80 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.700 of 2026(2) dt.04-02-2026 3/3 members/relatives of the petitioner, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T