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Patna High Court

Arun Kumar @ Arun Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail cannot be granted because the offences are serious and the petitioner has multiple prior convictions.

Summary

The petitioner, Arun Kumar, sought anticipatory bail in connection with a case registered under the Bharatiya Nyaya Sanhita, 2023 for offences relating to the transportation of illicit liquor using a stolen vehicle. He has five prior criminal convictions. The primary issue before the Patna High Court was whether the seriousness of the alleged offences and the petitioner’s criminal antecedents warranted the grant of anticipatory bail. The court examined the nature of the offences under Sections 318(4), 336(3), 338, 340(2) and 61(2) and considered the petitioner’s history of repeated violations. Concluding that the allegations were grave and the petitioner was a repeat offender, the court declined to extend the privilege of anticipatory bail. The petitioner was directed to surrender before the lower court within two weeks and could apply for regular bail thereafter. The order was limited to the anticipatory bail application and does not prejudice any future proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and his criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • stolen vehicle
  • criminal antecedents
  • high court
  • bail
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31456 of 2026
                    Arising Out of PS. Case No.-5 Year-2026 Thana- MADANPUR District- Aurangabad
                 ======================================================
                 Arun Kumar @ Arun Kumar Yadav S/O Narayan Yadav R/O village-
                 Ajarakwe Hasauli, P.S.- Mufassil, Dist.- Aurangabad

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Mukul Kumari
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, APP
                                                 Mr. Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   14-05-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Madanpur P.S. Case No. 05 of 2026, registered for offences

                   punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. The petitioner is alleged to have been involved in

                   the transportation of illicit liquor using a stolen vehicle. The

                   petitioner has five criminal antecedents.

                                4. Considering the allegations levelled against the

                   petitioner, this Court is not inclined to grant the privilege of

                   anticipatory bail to the petitioner in the present case.

                                5. Accordingly, the application for anticipatory bail is
            Patna High Court CR. MISC. No.31456 of 2026(2) dt.14-05-2026
                                                        2/2




                      hereby rejected.

                                   6. The petitioner may surrender in the court below

                      within a period of two weeks from today and seek regular bail,

                      if so advised.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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