Patna High Court
Deepak TiwaryversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- BNS, 2023 — s. 303(2), 3(5)
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
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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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