Arun Kumar Sahani @ Arun Kumar v. The State of Bihar
Case brief
What is this about?
Anticipatory bail allowed despite initiated Section 82 CrPC process; Patna HC CRIMINAL MISCELLANEOUS No.29450 of 2026, Ajit Kumar, J, 15-07-2026; Adapur (Nakardai) P.S. Case 169/2022, East Champaran; IPC ss.379, 413, 414, 34; motorcycle theft after baraat; four accused caught, four absconded; name surfaced via co-accused Bheem Kumar Shah's confessional statement; no recovery from constructive possession; no criminal antecedent; reliance on Asha Dubey v. The State of Madhya Pradesh (SC, Cr. Appeal No. 456 of 2024 / SLP (Crl.) No. 13123 of 2024), para 8 — Section 82 declaration no total embargo; bail bond Rs. 10,000/- with two like sureties; SDJM Raxaul at Motihari; conditions under Section 482(2) BNSS plus attendance, non-tampering and bona fide bailor conditions.
What did the court decide?
Anticipatory bail: petitioner to be released on bail on arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned SDJM, Raxaul at Motihari/Successor Court in connection with Adapur (Nakardei) P.S. Case No.169 of 2022, subject to conditions under Section 482(2) BNSS and additional conditions (one bailor a family member/relative/known person with bona fide affidavit; appearance on every trial date, failure on two consecutive dates without plausible reason entailing cancellation; no inducing/promising/threatening witnesses or tampering with evidence; desistance from further offences).