Subash Kumar @ Subash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17757 of 2026 Arising Out of PS. Case No.-733 Year-2024 Thana- GARKHA District- Saran ====================================================== Subash Kumar @ Subash Sahani S/O Algu Sahani R/O Vill.- Sumerpatti, P.S.- Dariyapur, Dist.- Saran ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State .

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 317(4), 317(5), 3(5) of the B.N.S.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that he got secret information that accused persons are loading a stolen truck after cutting the same into pieces on a pick up vehicle, accordingly, he reached the place of occurrence and saw 4-5 accused persons loading the pieces of truck and on seeing the police force, the accused persons started fleeing when Deepak was arrested who disclosed the name of the petitioner and other.

Patna High Court CR. MISC. No.17757 of 2026(2) dt.04-05-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case by the informant, it is further submitted that petitioner was not even present at the place of occurrence but then he was implicated based on the fact that pick up vehicle belonged to him, it is next submitted that pick up vehicle was registered in the name of his wife and was used for commercial purpose, as such, the accused persons had hired the vehicle but then petitioner was not aware the reason for hiring, it is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, I am inclined to grant privilege of anticipatory bail to the petitioner.

7. Let the petitioner, as named above, in the event of his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XII, Saran at Chapra, in

Patna High Court CR. MISC. No.17757 of 2026(2) dt.04-05-2026 3/3 connection with Garkha P.S. Case No. 733 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Satyavrat Verma, J) sanjeev/- U T