Subash Kumar @ Subash Sahani Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Subash Kumar @ Subash Sahani Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, if arrested or surrendering within four weeks from the date of the order, to be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.D.J.-XII, Saran at Chapra, in connection with Garkha P.S. Case No. 733 of 2024, subject to the conditions under S.438(2) CrPC / S.482(2) BNSS 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with PS Case No.-733 of Year-2024 of Garkha Thana, District Saran, registered for offences punishable under Sections 317(4), 317(5), 3(5) of the B.N.S., should be granted the privilege of anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the court was inclined to grant the privilege of anticipatory bail to the petitioner.

Ratio / Principle

In the event of the petitioner's arrest or surrender within four weeks, he is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.D.J.-XII, Saran at Chapra, in connection with Garkha P.S. Case No. 733 of 2024.

Key takeaways

The enlargement on bail was made 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.ratio¶¶22

Detailed headnote1 paragraphs

Oral order (Justice Satyavrat Verma, single member bench) dated 04-05-2026 in Patna High Court CR. MISC. No.17757 of 2026 granting anticipatory bail to petitioner Subash Kumar @ Subash Sahani apprehending arrest in Garkha P.S. Case No. 733 of 2024 (District Saran), registered for offences punishable under Sections 317(4), 317(5), 3(5) of the B.N.S. Counsel submitted the petitioner had antecedent of one case and was falsely implicated though allegedly absent from the place of occurrence; a pick-up vehicle linked to him stood registered in his wife's name and was used commercially/hired, and no prudent person would use his own vehicle for an occurrence. Informant's account: accused persons were loading pieces of a stolen truck onto the pick-up vehicle and fled on police arrival, when co-accused 'Deepak', arrested at the scene, disclosed the petitioner's name. Learned A.P.P. opposed the prayer. Bail fixed: bond of Rs.10,000/- with two like sureties, enlargement conditional on arrest or surrender within four weeks, to the satisfaction of the learned A.D.J.-XII, Saran at Chapra, subject to conditions under S.438(2) CrPC / S.482(2) BNSS 2023.

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

2 04-05-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State .

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.

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

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.

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

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

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