Patna High Court
Nawneet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
The petitioner, Nawneet Kumar, was implicated in a 2022 FIR alleging theft and robbery of electric materials from Ashoka Buildcon Limited, under IPC sections 379, 420 and 34. Fearing arrest, he applied for anticipatory bail under Section 438 of the Criminal Procedure Code. The State opposed, noting that the FIR was four years old and that an anticipatory bail application had already been rejected by the Sessions Judge in 2024. The Court observed that the considerable delay and the prior rejection precluded any relief in the present application. Consequently, the anticipatory bail was denied, but the Court directed the petitioner to surrender within four weeks and then file a regular bail application for prompt consideration.
Issues considered
- Whether anticipatory bail can be granted after a prolonged delay since the FIR and after a prior rejection by the Sessions Court
- Whether the court may extend relief in view of the passage of time and the nature of the allegations
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 379, 420
Subjects
- anticipatory bail
- delay
- Criminal Procedure Code
- Indian Penal Code
- theft
- robbery
- bail rejection
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31342 of 2026
Arising Out of PS. Case No.-81 Year-2022 Thana- DARIHAT District- Rohtas
======================================================
Nawneet Kumar Son of Gurudev Thakur R/O Village - Olha, P.O.- Mehta
Tola, P.S.- Harsiddhi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Pandey, Advocate
For the State : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Darihat P.S. Case No. 81 of 2022 registered for
the offence punishable under Sections 379, 420 and 34 of the
Indian Penal Code, lodged on 24.04.2022 by the informant
Santosh Tiwari.
3. As per the prosecution story, the informant alleged
that while working with the Ashoka Buildcon Limited, electric
materials were loaded on the Tractor from the Ashoka Buildcon
Limited store located at Sasaram and departed for Dharhara, it
reached there and as it was evening time, unloading could not
took place. However, in the morning, one of the Tractor was
missing and despite several attempt, this petitioner could not be
contacted. This led to the F.I.R.
4. Learned counsel for the petitioner submits that the
petitioner is a labour and tie up with the informant who had not
Patna High Court CR. MISC. No.31342 of 2026(2) dt.07-05-2026
2/2
given certain pending amounts and only due to enmity, the
implication.
5. Learned APP on the other hand opposes the prayer
submitting that the F.I.R. is of the year 2022, the anticipatory
bail of the petitioner was rejected in the year 2024 by the
learned Sessions Judge and four years from the lodging of the
F.I.R., two years after the rejection of the anticipatory bail, the
present case.
6. Taking into account the aforesaid submission of the
parties as also the allegation that has come against the petitioner,
couple with the delay, no relief can be extended to the petitioner.
7. The anticipatory bail application stands rejected.
8. However, if the petitioner surrenders within a
period of four weeks, files bail application, the court concerned
shall consider the matter and dispose it of preferably on the
same day.
(Rajiv Roy, J)
vinayak/-
U T
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