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Patna High Court

Gaurav Kumar Thakur @ Gaurav Thakur @ Gaurav KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner applied for anticipatory bail after an FIR (Case No.569 of 2019) was lodged for theft of a motorcycle and documents under Section 379 of the Indian Penal Code. The prosecution alleged the theft occurred on 25 July 2019, while the petitioner’s name was not in the FIR and only emerged from a co‑accused’s confessional statement, with no stolen items recovered from him. The petitioner’s counsel argued his innocence and lack of material evidence, whereas the State highlighted nine prior criminal convictions, seven of which were similar offences. Considering the seriousness of the alleged theft and the petitioner’s extensive criminal antecedents, the court refused the anticipatory bail application. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a theft case under Section 379 IPC given the absence of direct evidence against him
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • Section 379 IPC
  • criminal antecedents
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12508 of 2026
                     Arising Out of PS. Case No.-569 Year-2019 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Gaurav Kumar Thakur @ Gaurav Thakur @ Gaurav Kumar S/o Mantu
                 Thakur R/o vill - Salarpur, P.S.- Parbatta, Distt.- Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyanshu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Khagaria P. S. Case

                   No. 569 of 2019 registered for the offence punishable under

                   Section 379 of the Indian Penal Code.

                                3. Prosecution case, in brief, is that on 25.07.2019 at

                   about 7 AM, motorcycle of the informant, along with some

                   important documents, got stolen by some unknown miscreants.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is not named in the F.I.R. and his name transpired during course

                   of investigation on confessional statement of co-accused Rupesh

                   Kumar. No stolen motorcycle or documents have been

                   recovered from conscious possession of the petitioner.

                                5. Learned A.P.P. for the State vehemently opposed
              Patna High Court CR. MISC. No.12508 of 2026(2) dt.09-04-2026
                                                          2/2




                        the bail application and submitted that petitioner has got nine

                        criminal antecedents out of which seven are of similar nature.

                                     6. Considering the nature of accusation and criminal

                        antecedents, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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