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Patna High Court

Hasnain Ray @ AfrojversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       3/3




                     (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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