Patna High Court
Hasnain Ray @ AfrojversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S., 2023.
Summary
Petitioner Hasnain Ray applied for anticipatory bail fearing arrest in a case (A.B.P. No. 15 of 2026) under Section 303(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to alleged theft of a gas pipeline. He contended that he was falsely implicated, that the pipe was recovered from his scrap shop where he deals in iron pipes, and that he had no knowledge it was stolen property; he had previously been granted anticipatory bail in a related case (Cr. Misc. No. 7597 of 2026). The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the alleged theft of a gas pipeline.
- Whether the petitioner’s alleged prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 303(2), 482(2)
Subjects
- anticipatory bail
- theft of gas pipeline
- Section 303(2)
- Section 482(2)
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- bail bond
- scrap shop
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17687 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- SIDHWALIYA District- Gopalganj
======================================================
Hasnain Ray @ Afroj S/O Late Ahmad Ray Resident of village- Chhapiya
Bujurg, PS- Hussainganj, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh
For the Opposite Party/s : Mr. Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with A.B.P. No. 15 of 2026 arising out of Sidhwaliya P.S. Case
no. 240 of 2025 instituted for the offence under Section 303(2)
of the B.N.S., 2023
3. The case of the prosecution in short is that certain
miscreants have committed theft of gas pipeline. Informant is
the contractor and he is developing the gas pipeline network.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has falsely been implicated in this case. He also
submits that the FIR was lodged against unknown miscreants.
Patna High Court CR. MISC. No.17687 of 2026(2) dt.18-03-2026
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During the course of investigation, one Ranjan Kumar has
named this petitioner. He also submits that the said pipe was
recovered from the possession of this petitioner and regarding
that, another case was filed, i.e., Hussainganj P.S. Case No. 444
of 2025. In that case, this petitioner was granted anticipatory
bail by the learned coordinate bench of this court vide Cr. Misc.
No. 7597 of 2026. He also submits that the alleged recovery has
been made from a scrap shop, as he deals with iron pipes, etc.
Petitioner was not having any knowledge that the pipe in
question was stolen property and as a matter of fact, he has been
running the said shop for the last ten years.
5. In contra, learned APP appearing for the State and
learned counsel for the informant have opposed the prayer of
bail of the petitioner and submits that the petitioner is having
criminal antecedent of two cases.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Sidhwaliya P.S. Case no. 240 of 2025, he
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.17687 of 2026(2) dt.18-03-2026
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(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned A.C.J.M.-V, Gopalganj subject to
the conditions as laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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