Created by Fuzzy Cloud

Patna High Court

Anand Kumar @ Anandi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding sufficient doubt to justify its relief.

Summary

Anand Kumar applied for anticipatory bail in connection with FIR No. 576 of 2025 alleging theft of electric wire and possession of illegal arms, charged under sections 317(4), 317(5), 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1B)(a), 26 and 35 of the Arms Act, 1959. The prosecution’s case is based on a raid that recovered weapons and stolen wire, and on confessional statements of co‑accused linking the petitioner to the crime. The petitioner contended that the recovery was recorded before the raid team was constituted, that the seized items did not match those allegedly taken from his shop, and that he has a clean antecedent. The court found the reliance on co‑accused confessions and the timing discrepancy raised reasonable doubt about his involvement. 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 with conditions, including a bail bond of Rs.10,000 and sureties.

Issues considered

  • Whether anticipatory bail should be granted when the petitioner’s name is derived solely from co‑accused confessional statements and there is a discrepancy in the recovery timeline.
  • Whether the procedural irregularities alleged by the petitioner justify the grant of anticipatory bail under Section 438(2) CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statements
  • illegal arms
  • theft of electric wire
  • procedural irregularities
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24396 of 2026
                      Arising Out of PS. Case No.-576 Year-2025 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Anand Kumar @ Anandi Kumar S/o Parmanand R/o Mohalla- Dhankki Mor,
                 Near Asia Hosptial, Police Station- Agamkuan, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Krishna Jha, Advocate
                 For the Opposite Party/s :       Mr. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   01-07-2026                       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 Harnaut P.S. Case No.576 of 2025, F.I.R dated

                   26.12.2025 registered for the offences punishable under

                   Sections 317(4), 317(5), 310(4), 310(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and under sections 25(1B)(a), 26 and 35 of the

                   Arms Act 1959.

                               3. According to prosecution case, acting on secret

                   information received regarding the assembly of armed criminals

                   for committing a robbery, the police conducted a raid on the

                   Harnaut–Bakhtiyarpur Road and intercepted a motorcycle, a

                   Swift Dzire car, and a pickup van. Eight accused persons were

                   apprehended, and during the search, mobile phones, a country-

                   made pistol, and two bundles of stolen electric wire were
Patna High Court CR. MISC. No.24396 of 2026(4) dt.01-07-2026
                                            2/4




          allegedly recovered. During interrogation, the accused allegedly

          confessed to committing several thefts of electric wire in the

          Harnaut area and stated that they had assembled to commit a

          robbery. Consequently, they were arrested and the present case

          was instituted.

                      4. Learned counsel for the petitioner submits that the

          instant case has been registered for having stolen the electric

          wire and on raid being conducted all the accused persons except

          this petitioner is said to have been arrested and the recovery of

          electric wire and illegal arms was made from the place of

          seizure. It is the case of the petitioner that as per allegation, the

          co-accused namely Chootu Kumar and Ajay Kumar used to sell

          those stolen electric wire to the petitioner, while the recovery of

          the articles which is said to have been made from the shop of

          the petitioner does not match with the article, which is said to

          have been recovered from the place of seizure, from where the

          accused persons were arrested and have confessed. It has next

          been submitted that from the First Information Report, it

          appears that the raiding team was constituted on 27.12.2025

          while the recovery has been shown to have been made on

          26.12.2025 and this petitioner has clean antecedent.

                      5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.24396 of 2026(4) dt.01-07-2026
                                            3/4




          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          and taking into account that name of the petitioner has

          transpired on the basis of confessional statement and the seizure

          which is said to have been made by the team constituted,

          appears to be doubtful as the recovery was made before the

          constitution of the raiding team and the petitioner having clean

          antecedent, 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 A.C.J.M., Biharsharif, Nalanda in

          connection with Harnaut P.S. Case No.576 of 2025 , 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
              Patna High Court CR. MISC. No.24396 of 2026(4) dt.01-07-2026
                                                          4/4




                                                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,
                                                failing which the State shall be at liberty to
                                                take steps for cancellation of their bail
                                                bonds.



                                                      (Ajit Kumar, J)
rajan/-

U         T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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