Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the petitioner’s criminal antecedents and delay precluded the grant of relief.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail in a case registered in 2020 under Sections 379, 34 and later 411 of the Indian Penal Code, alleging involvement in the theft of iron rods from a truck. The prosecution alleged that the petitioner loaded the goods and escaped, while the petitioner claimed he was neither the owner nor driver and had no incriminating possession. The State highlighted the petitioner's four prior criminal convictions, including two under Section 379 and one under Section 395. The court considered the seriousness of the past convictions, the six‑year delay in seeking bail, and the nature of the alleged offences. Concluding that the petitioner was not a fit candidate for anticipatory bail, the court rejected the application.
Issues considered
- Whether anticipatory bail can be granted to a petitioner with multiple prior convictions for theft and robbery.
- Whether the six‑year lapse between the alleged offence and the bail application bars relief.
Legislation cited
- Indian Penal Code — s. 34, 379, 395, 411
Subjects
- anticipatory bail
- criminal antecedent
- theft
- robbery
- IPC
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25495 of 2026
Arising Out of PS. Case No.-516 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Rakesh Kumar S/O Late Bharat Rai R/O Village- Madhopur Hazari, P.S-
Sahebganj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yugal Kishore, Advocate
Mrs. Rupa Kumari, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard Mr. Yugal Kishore duly assisted by Mrs. Rupa
Kumari, learned counsel for the petitioner and Mr. Jitendra
Kumar Singh, learned APP.
2. The petitioner is apprehending arrest in connection
with Sahebganj P.S. Case No. 516 of 2020 instituted under
Sections 379/34 of the Indian Penal Code and later section 411
of the IPC was added lodged on 02.10.2020 by the informant,
Ramsabd Singh.
3. As per the prosecution story, the informant alleged
that he is working as Senior Highway Engineer and alleged that
on 02.10.2020, a truck loaded with iron rod,guarder, channel
etc. were loaded on a truck by the named accused and when
they reached the place, the accused escaped which followed the
Patna High Court CR. MISC. No.25495 of 2026(2) dt.22-04-2026
2/2
FIR.
4. Though, the learned counsel for the petitioner tried
to show innocence submitting that he is neither of the owner
nor the driver of the truck nor anything incriminating recovered
from his conscious possession, learned APP opposes the prayer
submitting that the matter is of the year 2020, he has four
criminal antecedent and two of which is under section 379
beside one case under section 395 of the Indian Penal Code.
5. Considering the submissions aforesaid as also the
criminal antecedent coupled with the fact that after six years he
has moved before the Courts for anticipatory bail, no relief can
be extended.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Ravi/-
U T
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