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Patna High Court

Ajad @ KalluversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Ajad @ Kallu, sought anticipatory bail after being implicated in a theft case under Section 317(2) of the B.N.S., where a stolen motorcycle was allegedly recovered from his shop. The prosecution alleged that the motorcycle, stolen from an informant, was found at the petitioner's premises, leading to his arrest. The petitioner claimed innocence, asserting that the case was based solely on a co-accused's confession and that he has a clean record. The State opposed the bail, emphasizing the recovery of the vehicle from the petitioner's shop. Considering the seriousness of the allegation and the material evidence, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 317(2) of the B.N.S. in view of the recovery of the stolen motorcycle from his shop

Legislation cited

Subjects

  • anticipatory bail
  • Section 317(2)
  • theft
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12281 of 2026
                  Arising Out of PS. Case No.-317 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Ajad @ Kallu Son of Aslam R/O Vill.-Makhdum Nagar Colony, P.S.- Bihar,
                 District- Nalanda

                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Arvind Kumar Sinha, Advocate
                 For the State           :       Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 317(2) of the

                   B.N.S..

                                 3. As per prosecution case, it is alleged that

                   motorcycle of the informant was stolen by some unknown

                   persons and the same was recovered from the shop of this

                   petitioner.

                                 4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner has falsely been implicated in

                   this case merely on the basis of confessional statement of co-
             Patna High Court CR. MISC. No.12281 of 2026(2) dt.24-02-2026
                                                         2/2




                       accused Md. Gulijar. Petitioner claims clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that name of petitioner transpired

                       during investigation and the stolen motorcycle was recovered

                       from shop of this petitioner.

                                    6. Considering the nature of accusation and the fact

                       that stolen motorcycle was recovered from shop of this

                       petitioner, the prayer for grant of anticipatory bail to the

                       petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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