Patna High Court

Anand KumarversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted as the nature of the accusation warranted denial of relief.

Summary

The petitioner, Anand Kumar, applied for anticipatory bail fearing arrest in a case registered under Section 317(5) of the Bihar Narcotic Substances Act, 2023. The FIR alleges that he stole a motorcycle belonging to an informant, altered its number plate, and that the vehicle was later recovered from his residence. The petitioner contended that he was likely to be arrested and sought protection through anticipatory bail. The State opposed the bail, arguing the seriousness of the theft and tampering with vehicle identification. The Court examined the nature of the accusation and the evidence of the recovered motorcycle. Concluding that the allegations were grave, the Court rejected the petition for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 317(5) of the B.N.S., 2023 in view of the alleged theft and tampering of a motorcycle.

Legislation cited

Bihar Narcotic Substances Act — s. 317(5)

Subjects

anticipatory bail
theft
motorcycle
Section 317(5) B.N.S. 2023
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1765 of 2026
                       Arising Out of PS. Case No.-378 Year-2025 Thana- AMARPUR District- Banka
                  ======================================================
                  Anand Kumar Son of Dilip Das Resident of Village- Harizan tola, Bhaluwar,
                  Ps- Amarpur, Dist- Banka
                                                                            ... ... Petitioner/s
                                                 Versus
                  The State of Bihar
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Dhananjay Kumar Pandey
                  For the Opposite Party/s :      Mr.Sunil Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    29-01-2026                  Heard learned counsel for the petitioner and learned

                    A.P.P for the State.

                                 2. The petitioner apprehends his arrest in a case,

                    registered for offence punishable under Section 317(5) of the

                    B.N.S., 2023.

                                 3. As per F.I.R., this petitioner stole the motorcycle of

                    informant and changed the number plate of motorcycle. The

                    stolen motorcycle has also been recovered from the house of

                    this petitioner.

                                 4. Considering the nature of accusation, the prayer

                    for anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay/-

U        T

Continue reading with your account

Checking your session…