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Patna High Court

Deepak TiwaryversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the petitioner’s antecedent cases and the risk of absconding outweighed the lack of direct evidence.

Summary

The petitioner, Deepak Tiwary, applied for anticipatory bail after an FIR was lodged under Sections 303(2) and 3(5) of the BNS, 2023 and Section 37 of the Bihar Excise Act for allegedly stealing a mobile phone from a girl’s pocket. The allegation stemmed from a statement made by an apprehended accused who, while intoxicated, named the petitioner, but no material was recovered from the petitioner’s possession. The petitioner argued that the confessional statement of the accused held no evidentiary value and that he was not found intoxicated, thus the Excise offence was not made out. The State opposed bail, highlighting the petitioner’s three prior cases and the risk of him absconding. The court, after considering the antecedents and the nature of the evidence, declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the allegations and his prior criminal record
  • Whether the confessional statement of an intoxicated accused provides sufficient basis for bail denial

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • confessional statement
  • prior criminal record
  • bail denial
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14416 of 2026
                 Arising Out of PS. Case No.-700 Year-2024 Thana- LAHERIYASARAI District- Darbhanga
                 ======================================================
                 Deepak Tiwary S/O Late Mugal Tiwary R/O Village- Sograha Barauni
                 Phoolwariya, Distt.- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K. Agrawal, Sr. Advocate
                                                 Mr. Raju Kumar, Advocate
                 For the Opposite Party/s :      Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                   1. Heard learned Senior counsel for the petitioner, Mr.

                   N.K. Agrawal and learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 303(2) and

                   3(5) of the BNS, 2023 read with Section 37 of the Bihar Excise

                   Act.

                                 3. Learned Senior counsel for the petitioner submits

                   that petitioner has antecedent of three cases and the informant

                   alleges that he along with his daughter went to purchase a

                   mobile charger when two persons entered his shop and one of

                   the accused persons took Apple mobile from the pocket of his

                   daughter, on alarm local people gathered and caught one

                   accused and called the police on 112 and handed over the
Patna High Court CR. MISC. No.14416 of 2026(2) dt.13-03-2026
                                            2/3




          apprehended accused, on interrogation the apprehended accused

          disclosed the name of the petitioner and the apprehended

          accused was found in an intoxicated condition.

                       4. Learned Senior counsel for the petitioner submits

          that petitioner was not apprehended from the spot as such

          nothing was recovered from his conscious possession. It is next

          submitted that name of the petitioner transpired in the confessional

          statement of apprehended accused in police custody which does

          not have any evidentiary value. It is also submitted that

          petitioner was not found in an intoxicated condition rather the

          accused who was apprehended, he was found in an intoxicated

          condition, as such, offence under the Excise Act is not made out.

                       5. Learned A.P.P. for the State vehemently opposes

          the prayer for anticipatory bail of the petitioner and submits that

          petitioner has antecedent of three cases and if privilege of

          anticipatory bail is granted to the petitioner, he may abscond. It

          is further submitted that allegation is of committing theft of the

          mobile of the daughter of the informant when she had gone to

          purchase a charger in a shop.

                       6. Considering the submissions made by the learned

          APP for the State, the Court is not inclined to extend the

          privilege of anticipatory bail to the petitioner.
            Patna High Court CR. MISC. No.14416 of 2026(2) dt.13-03-2026
                                                        3/3




                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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