Allowed¶18

Sagar Ram v. The State of Bihar

Patna HC23 Jul 2025CR. MISC./22165/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.22165 of 2025, decided 23-07-2025 by Rajiv Roy, J. Anticipatory bail allowed to Sagar Ram apprehending arrest in Town P.S. Case No. 237 of 2024 (Section 379 IPC, theft in godown), informant Sunil Sawariya, Motihari Town, East Champaran. Bail bond Rs. 10,000/- with two sureties of like amount; conditions include family-member bailor, regular Trial Court attendance, fortnightly police-station reporting for six months, cooperation with investigation and no tampering.

What did the court decide?

Anticipatory bail: release on arrest or surrender within four weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned C.J.M., Motihari, East Champaran or successor Court, subject to Section 438(2) Cr.P.C. conditions and the additional conditions imposed.

Sagar Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Town P.S. Case No. 237 of 2024 (Section 379 IPC).

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Court's answer

Anticipatory bail granted: taking into account the facts, the petitioner's lack of criminal antecedent, the incomplete recording of facts in the FIR, the ongoing investigation, and his undertaking to cooperate, the Court extended him the privilege of anticipatory bail.

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Ratio / Principle

Petitioner to be released on bail on arrest or surrender before the subordinate court within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, in connection with Town P.S. Case No. 237 of 2024, to the satisfaction of the learned C.J.M., Motihari, East Champaran or successor Court, subject to the conditions under Section 438(2) Cr.P.C. and other conditions.

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Key takeaways

Additional conditions imposed: one bailor to be a family member/relative providing an official bona fide document; appearance on every Trial Court date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; fortnightly police-station attendance for six months; cooperation with investigation; no inducement, promise or threat to witnesses or tampering with evidence; desistance from further criminal offences, failing which the State may seek cancellation of the bail bonds.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail granted to petitioner apprehending arrest in Town P.S. Case No. 237 of 2024 (Section 379 IPC — alleged theft in informant's godown at Motihari Town, East Champaran, FIR lodged 23.04.2024 by informant Sunil Sawariya). Grant rested on absence of criminal antecedent, incomplete recording of facts in the FIR, continuing investigation and the petitioner's undertaking to cooperate. Release permitted on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned C.J.M., Motihari, subject to Section 438(2) Cr.P.C. conditions and additional conditions: family-member/relative bailor with official bona fide document; attendance on every Trial Court date with cancellation on two consecutive unjustified absences; fortnightly police-station reporting for six months; cooperation with investigation; no inducement of witnesses or tampering with evidence; desistance from further offences.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22165 of 2025

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Arising Out of PS. Case No.-237 Year-2024 Thana- MOTIHARI TOWN District- East Champaran

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======================================================

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Sagar Ram Son of Late Bhagat Ram @ Late Bharat Ram Resident of Village - Gandhi Nagar, Dompatti (Teliyapatti Ward No. 03), P.S. - Motihari Town, District - East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 23-07-2025

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Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

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The petitioner is apprehending arrest in connection with Town P.S. Case No. 237 of 2024 instituted under Section 379 of the Indian Penal Code lodged on 23.04.2024 by the informant, Sunil Sawariya.

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As per the prosecution story, the informant alleged that in connivance with the staff, the accused committed theft in his godown. Though, the locals caught them, they managed to escape before the police had arrived. The names have been recorded which include the petitioner herein. Accordingly, the FIR.

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Patna High Court CR. MISC. No.22165 of 2025(3) dt.23-07-2025 2/3

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Learned counsel for the petitioner submits that a perusal of the FIR would show that a vague allegation has been made without recording the theft items. It is unbelievable that once caught by the locals, anyone can escape.

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Learned APP on the other hand opposes the prayer submitting that the allegation of theft on the godown is there.

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Taking into account the aforesaid facts as also that the petitioner has no criminal antecedent, nor the facts have been completely recorded in the FIR, investigation will take place, an undertaking has been given that the petitioner shall be cooperating in it, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

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Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Town P.S. Case No. 237 of 2024 to the satisfaction of learned C.J.M., Motihari, East Champaran or successor Court subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

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(i) one of the bailor should be the family

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Patna High Court CR. MISC. No.22165 of 2025(3) dt.23-07-2025 3/3

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member/relative of the petitioner who shall provide official document to show his/her bona fide;

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(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;

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(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

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(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required;

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(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;

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(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 his bail bonds.

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(Rajiv Roy, J)

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Ravi/-

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U T

Sagar Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sagar Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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