Patna High Court
Pintu Kumar @ HarshversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court rejected the petitioner's anticipatory bail application.
Summary
Petitioner Pintu Kumar was arrested in connection with a theft case (PS Case No.13 of 2026) involving a black Scorpio vehicle. The FIR alleged that he, along with four others, stole the vehicle, and he faced charges under Sections 317(4), 317(5), 318(4), 338, 336(3) and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioner claimed innocence and sought anticipatory bail, arguing that he was falsely implicated, while the State opposed the bail on the basis of the FIR and his prior criminal antecedents. The High Court, after hearing both sides, declined to grant anticipatory bail, directing the trial court to consider a regular bail application if the petitioner surrenders within six weeks. The order emphasized that the regular bail would be decided on merit without prejudice to the anticipatory bail denial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the theft case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(4), 317(5), 318(4), 336(3), 338, 3(5)
Subjects
- anticipatory bail
- criminal procedure
- theft
- vehicle theft
- bail application
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21917 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Pintu Kumar @ Harsh Son of Chandradeo Yadav R/o Village - Immamganj,
P.S. - Obra, Dist. - Aurangabad(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh, Adv.
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Aurangabad Town P.S. Case No.13 of 2026 lodged on
07.01.2026, for the offences punishable under Sections 317(4),
317(5), 318(4), 338, 336(3) and 3(5) of the B.N.S., 2023
pending before the Court of C.J.M., Aurangabad.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the petitioner with
allegation that they have stolen one Black color Scorpio which
does not carry any number plate in the front side rather back
side of the vehicle.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He
Patna High Court CR. MISC. No.21917 of 2026(2) dt.08-04-2026
2/2
submits that the petitioner has been falsely implicated in the
present case. He further submits that the petitioner has not
stolen the said vehicle and he is not involved in this crime in
any manner.
5. Counsel submits that the criminal antecedent of the
petitioner is not clean and there are two criminal cases pending
against him.
6. Learned APP for the State opposes the prayer for
bail and submits that the petitioner is named in the F.I.R. and
allegation is also made against him.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
8. However, trial court is directed to consider the
regular bail application of the petitioner, if he surrenders within
six weeks from today and prays for regular bail, then trial court
shall pass order on merit without being prejudice of the present
order .
(Dr. Anshuman, J)
Prakashmani/-
U T
Checking your session…