Created by Fuzzy Cloud

Patna High Court

Pintu Kumar @ HarshversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.