Patna High Court
Ajad @ KalluversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S. — s. 317(2)
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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