Patna High Court

Harsh KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.

Summary

Harsh Kumar applied for anticipatory bail fearing arrest in a case registered under sections 304(2) and 317(2) of the Bhartiya Nyaya Sanhita, 2023, alleging theft of a chain and cash. The FIR relies solely on the statement of a co‑accused who identified the petitioner as the escaped offender; no incriminating article was recovered and the petitioner was not arrested at the scene. The petitioner argued that there is no direct evidence against him and he has no prior criminal record. The State opposed the bail. Considering the lack of material evidence, the absence of an arrest, and the petitioner’s clean record, the Court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, if arrested or surrendered within four weeks.

Issues considered

Whether anticipatory bail should be granted when the only evidence is the co‑accused’s statement and no material has been seized.
Whether the petitioner’s lack of criminal antecedent and non‑arrest at the spot justify bail under sections 304(2) and 317(2) of the Bhartiya Nyaya Sanhita.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 304(2), 317(2)

Subjects

anticipatory bail
co‑accused testimony
theft
Bhartiya Nyaya Sanhita
section 304(2)
section 317(2)
bail bond
no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24935 of 2026
                    Arising Out of PS. Case No.-5 Year-2026 Thana- SAMASTIPUR GRP CASE District-
                                                        Samastipur
                 ======================================================
                 Harsh Kumar Son of Ram Kishore Ram @ Baua Ji Resident of Ambedkar
                 Nagar, Ward No. 22, Town, P.S. and District - Samastipur.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Shanker Singh, Advocate
                                                 Mr. Akshansh Shanker, Advocate
                                                 Mr. Barun Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   22-04-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Samastipur GRPS (GRP Samastipur) P.S. Case no. 5 of

                   2026, registered under sections 304(2) and 317(2) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that having come out of the station when he was going to have

                   tea at the tea stall, two boys came. One of them snatched the

                   chain and his purse etc. containing Rs.1700/- in cash. While one

                   of them was caught, the other managed to escape. The person

                   caught disclosed the name of the person who had escaped as the

                   petitioner herein.

                                 4. Learned counsel for the petitioner submits that
           Patna High Court CR. MISC. No.24935 of 2026(2) dt.22-04-2026
                                                       2/2




                     from the contents of the FIR itself neither the petitioner was

                     caught at the place of occurrence nor any incriminating article

                     recovered from his possession. The only material against him is

                     the statement of co-accused made before police. He has no

                     criminal antecedent.

                                  5. The application for anticipatory bail is opposed by

                     learned A.P.P. for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the F.I.R., the petitioner not having been arrested at the spot, the

                     only material against him being the statement of the co-accused

                     made before police and especially the petitioner not having any

                     criminal antecedent, it is directed that the petitioner above

                     named, in the event of his arrest or surrender before the learned

                     Court below within a period of four weeks, be released on

                     anticipatory bail in connection with Samastipur GRPS (GRP

                     Samastipur) P.S. Case no. 5 of 2026 on furnishing bail bond of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned A.C.J.M

                     (Railway), Samastipur.


                                                 (Partha Sarthy, J)
Shiv/-
U      T

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