Patna High Court
Anavesh Maurya @ Anavesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, exercising its powers under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Anavesh Maurya, sought anticipatory bail after an FIR was lodged alleging that he and a co‑accused sold hardware goods worth Rs 15 lakh without the shop owner’s consent, invoking sections 306 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed he was authorized by the shop owner to sell on credit and that the allegations were based on a disputed confession of the co‑accused, with no material recovered from his possession and no prior criminal record. The State opposed the bail, but the court noted the disputed nature of the facts and the petitioner’s clean antecedent. Consequently, the court exercised its power under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail, subject to strict conditions. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and comply with conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita given the alleged offences under the Bharatiya Nyaya Sanhita?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 306, 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482
- Bharatiya Nyaya Sanhita
- theft
- employee fraud
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23599 of 2026
Arising Out of PS. Case No.-1259 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Anavesh Maurya @ Anavesh Kumar Son of Bachcha Kushwaha Resident of
Village - Chiraiya, P.S.-Chiraiya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 08-07-2026 Heard the learned counsel for the petitioner
and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Motihari Town P.S. Case No. 1259 of 2025,
F.I.R dated 10.12.2025 registered for the offences punishable
under Section(s) 306/3 (5) of Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 12.10.2025, the
informant, proprietor of Neeraj Hardware, Kolhuharwa, Ward
No. 18, Janpur, lodged an F.I.R. alleging that while he was away
for about 45 days on business, his two employees, Anavesh
Maurya and Upkar Kumar, sold hardware goods worth
approximately Rupees 15 lakh to various shopkeepers without
his knowledge or consent. Upon checking the CCTV footage
and verifying the stock, the informant discovered that the
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articles had been sold to Sri Bajrang Timber and Traders,
Turkauliya, and Hindustan Hardware Panch Pakadi, and
accordingly the F.I.R.
4. Learned counsel for the petitioner submits that on
the basis of confession made by co-accused Upkar Kumar, who
has confessed his involvement in the instant case, the recovery
is said to have been made from the shops, namely Sri Bajrang
Timber and Traders, Turkauliya, and Hindustan Hardware. It is
the case of the petitioners that they are the employees of the said
shop and the informant has authorised them to sell the articles
from his shop on credit to the retailers who were known to
informant and because of certain money dispute arose with the
retailers, who have been named by co-accused, Upkar Kumar,
the instant F.I.R. has been lodged implicating them in this case,
while nothing incriminating is said to have been recovered from
the constructive possession of this petitioner. And, the petitioner
has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail in respect of the petitioner.
6. Considering the aforesaid facts and apparently the
nature of allegation which is said to have been levelled against
this petitioner appears to be disputed facts and the petitioner
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having clean antecedent. Accordingly, this Court is inclined to
grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Motihari, East Champaran in
connection with the afore-mentioned P.S. Case, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the
family member/relative/known of the
petitioner(s) who shall provide official
document/personal affidavit to show his/her
bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
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failing which the State shall be at liberty to
take steps for cancellation of their bail
bonds.
(Ajit Kumar, J)
surya/-
U
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