Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Abhishek Kumar, sought anticipatory bail after being implicated in a robbery case (PS Case No. 345 of 2022) under Sections 382 and 34 of the Indian Penal Code. The FIR alleged that three assailants looted Rs. 60,000 at gunpoint and later left the stolen motorcycle at the petitioner's father's house. The petitioner claimed innocence, stating that no stolen motorcycle was in his possession. The State opposed the bail, highlighting the petitioner’s prior criminal antecedent. The Court, weighing the seriousness of the charge and the antecedent, refused the anticipatory bail application.
Issues considered
- What is the appropriate decision on the petitioner's application for anticipatory bail under the circumstances?
- Does the petitioner’s prior criminal antecedent justify denial of anticipatory bail?
Legislation cited
- Indian Penal Code — s. 34, 382
Subjects
- anticipatory bail
- criminal antecedent
- Theft
- IPC 382
- IPC 34
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13758 of 2026
Arising Out of PS. Case No.-345 Year-2022 Thana- KOTWA District- East Champaran
======================================================
Abhishek Kumar S/o- Yadavlal Rai @ Yadav Lal Ray R/v- Koirgawa Ps-
Kotwa Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Kotwal P. S. Case
No. 345 of 2022 registered for the offence punishable under
Section 382/34 of the Indian Penal Code.
3. As per F.I.R., on 26.08.2022 at about 7 PM, when
informant was crossing Talwa bridge, three miscreants, riding
on motorcycle, stopped and looted Rs. 60,000/- on point of
pistol and fled away along with his motorcycle. Later on,
motorcycle of the informant was found parked in the house of
the father of this petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. No stolen
motorcycle was recovered from the possession of this petitioner.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.13758 of 2026(2) dt.23-03-2026
2/2
the bail application and submitted that petitioner has got one
criminal antecedent.
6. Considering the nature of accusation and criminal
antecedent, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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