Patna High Court
Ranjit Prasad @ LambuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was not warranted and the application was rejected.
Summary
The petitioners, Ranjit Prasad, Hanuman and Sudil Kumar, applied for anticipatory bail fearing arrest in a case (Bakhtiyarpur P.S. Case No. 583 of 2025) alleging theft of aluminum wire under sections 303(2), 317(2) and 3(5) of the Bihar Negotiable Substances Act. The prosecution alleged that the accused stole aluminum wire from electric poles and loaded it onto a pickup van, leading to a midnight raid and FIR. The petitioners contended that they were implicated solely because of prior criminal antecedents and that no material was recovered from their possession. The State opposed the bail, highlighting that the accused also face multiple FIRs under the Arms Act and the Electricity Act. The Court, after considering the submissions, held that the circumstances did not satisfy the criteria for anticipatory bail and rejected the application, directing that if the petitioners surrender within four weeks the matter will be taken up for disposal.
Issues considered
- Whether anticipatory bail can be granted to the accused in view of the alleged theft of aluminum wire and the presence of prior criminal antecedents.
- Whether the existence of multiple FIRs under the Arms Act and Electricity Act precludes the grant of anticipatory bail.
Legislation cited
- Arms Act
- Bihar Negotiable Substances Act — s. 303(2), 317(2), 3(5)
- Electricity Act
Subjects
- anticipatory bail
- theft
- aluminum wire
- multiple FIRs
- Arms Act
- Electricity Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29545 of 2026
Arising Out of PS. Case No.-583 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Ranjit Prasad @ Lambu S/O Nande Prasad @ Nande Prasad Yadav R/O
Village- Lakshmanpur, P.S- Bakhtiyarpur, Distt.- Patna.
2. Hanuman @ Biranjan Kumar S/O Dharmveer Yadav R/O Village-
Lakshmanpur, P.S- Bakhtiyarpur, Distt.- Patna.
3. Sudil Kumar S/O Nande Prasad @ Nande Prasad Yadav R/O Village-
Lakshmanpur, P.S- Bakhtiyarpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Bakhtiyarpur P.S. Case No. 583 of 2025 for the
offence under sections 303(2), 317(2) and 3(5) of the BNS.
3. As per the prosecution story, the Police got
information that the accused persons are stealing the aluminum
wire from the electric pole and are loading it on pick up van.
Accordingly, the place was raided at the midnight and the FIR
lodged.
4. Learned counsel for the petitioners submit that only
because of criminal antecedent, they have been implicated and
Patna High Court CR. MISC. No.29545 of 2026(2) dt.06-05-2026
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nothing has been recovered from their conscious possession.
5. Learned APP opposes the prayer submitting that a
perusal of the FIR would show that multiple FIRs are against
them in different sections of Arms Act and Electricity Act.
6. Taking into account the submissions of the parties,
no case of anticipatory bail is made out.
7. The anticipatory bail application stands rejected.
8. If, however, the petitioners surrender within four
weeks, the concerned Court shall take up the matter and dispose
it of preferably on the same day.
(Rajiv Roy, J)
Adnan/-
U
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