Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner with specified bond and surety conditions.

Summary

The petitioner, Dhiraj Kumar, feared arrest in a case (P.S. Case No. 190 of 2024) involving alleged theft and robbery under Section 317(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that four accused snatched a mobile phone, cash and a motorcycle from an informant, and the petitioner’s name was later implicated based on the confessional statements of co‑accused Gautam Kumar and Umesh Kumar, although he was not named in the FIR. The petitioner’s counsel argued that he was falsely implicated, had no involvement with the stolen items, and highlighted his prior criminal antecedent, seeking anticipatory bail. The State’s APP opposed the bail application. The Court, after considering the circumstances, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, provided the petitioner surrenders within six weeks. The order thus releases the petitioner from immediate arrest pending surrender.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 317(2) of the Bharatiya Nyaya Sanhita and Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita despite a prior criminal antecedent.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 317(2)

Subjects

anticipatory bail
false implication
criminal antecedent
Section 317
Section 482
high court order
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17091 of 2026
                 Arising Out of PS. Case No.-190 Year-2024 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Dhiraj Kumar S/o Shriram Kushwaha @ Sriram Prasad Resident of village -
                 Barapakar, P.S.- Madhuban, Distt.- East Champaran
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                                                  Mr. Harsh Shashwat, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   13-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Pakaridayal P.S. Case No. 190 of 2024 instituted for the

                   offences under Section 317(2) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. Prosecution case, in short, is that                 when the

                   informant was going to his home, four accused persons snatched

                   his mobile phone and cash amounting to Rs. 15,500/- and

                   motorcycle from him and fled away.

                                4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is not named in the F.I.R. The name of the petitioner

                   transpired in this case on the basis of confessional statement of
           Patna High Court CR. MISC. No.17091 of 2026(2) dt.13-03-2026
                                                       2/2




                     Gautam Kumar and Umesh Kumar. Learned counsel further

                     submitted that petitioner has got no concern with the looted

                     articles. It has been submitted on behalf of the petitioner that

                     the petitioner has one criminal antecedent. The co-accused

                     person has already been granted regular bail by this a coordinate

                     Bench of this Court vide order dated 19.02.2025 passed in Cr.

                     Misc. No. 4658 of 2025.

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

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the Court below within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Pakaridayal P.S.

                     Case No. 190 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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