Patna High Court

Gyan Sah @ Gyan KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused as the nature of the accusation and the petitioner’s criminal antecedents did not warrant its grant.

Summary

The petitioner, Gyan Sah, sought anticipatory bail after a FIR was lodged under Sections 317(2), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita alleging his involvement in a theft of a motorcycle. The FIR named two other accused who were apprehended, while the petitioner and another accused allegedly escaped. The petitioner has eight prior criminal convictions. The court examined the seriousness of the alleged offences and the petitioner’s criminal antecedents. Considering these factors, the court refused the prayer for anticipatory bail, thereby dismissing the bail petition.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Sections 317(2), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita given his criminal antecedents.

Legislation cited

Bharatiya Nyaya Sanhita — s. 317(2), 317(4), 317(5)

Subjects

anticipatory bail
criminal antecedents
Bharatiya Nyaya Sanhita
Section 317
high court
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2440 of 2026
                     Arising Out of PS. Case No.-485 Year-2025 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Gyan Sah @ Gyan Kumar S/o Ambika Sah @ Amerika @ Amiri Sah R/o
                 Village - Turahatoli, P.S - Kalibagh, District - West Champaran
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Bettiah Town P. S.

                   Case No. 485 of 2025 registered for the offences punishable under

                   Sections 317(2), 317(4), 317(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., two named accused persons were

                   apprehended with stolen motorcycle while this petitioner along

                   with one other named accused persons are alleged to have escaped

                   the spot. Petitioner has got eight criminal antecedents.

                                4. Considering the nature of accusation and criminal

                   antecedents, prayer for anticipatory bail of the petitioner is

                   refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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