Vijay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33949 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- MALSALAMI District- Patna ====================================================== Vijay Rai S/o Anandi Ray R/o Village- Sharifaganj, P.S- Malsalami, DistPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Adv For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 21-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
2. The petitioner apprehends his arrest in connection with Malsalami P.S. Case No.22 of 2026 registered on 20.01.2026 for the offence punishable under Sections 111, 317(4), 317(5) of the BNS, 2023.
3. As per the FIR, on 12.01.2026, the informant received secret information that Munna Kumar was selling stolen CNG Autos near Damrahi Ghat, Malsalami Bazar Samiti Golambar. After informing the superior officer, he along with police force reached the spot and apprehended Munna Kumar, who failed to produce valid documents of the vehicles. During interrogation, he disclosed the name of the petitioner. Thereafter, police conducted raids at different places and recovered several stolen vehicles from the possession of the
Patna High Court CR. MISC. No.33949 of 2026(2) dt.21-05-2026 2/3 accused persons, prepared seizure list and arrested the accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that, for an allegation of dealing of stolen article, the name of the petitioner has been transpired on the basis of confession made by co-accused Munna Kumar and Ankit Kumar. There is no recovery of incriminating articles from the constructive possession of the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case and taking into account that the name of the petitioner transpired on the basis of confessional statement of co-accused persons and there is no specific allegation levelled against him, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 ACJM-IV, Patna City, Patna in connection with Malsalami P.S.
Patna High Court CR. MISC. No.33949 of 2026(2) dt.21-05-2026 3/3 Case No.22 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide; (ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/-Rajan/- U T