Patna High Court

Nitish Kumar Chaudhary @ Nitish KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the nature of the accusation did not merit such relief.

Summary

The petitioner, Nitish Kumar Chaudhary, sought anticipatory bail fearing arrest in a case registered under Sections 334(1) and 305 of the B.N.S., 2023. The FIR dated 15-12-2024 reported a burglary at a shop where goods worth Rs. 1 lakh and a refrigerator were stolen. During investigation, the stolen refrigerator was recovered from the petitioner's residence. The petitioner argued that he was not involved and therefore sought protection from arrest. The court examined the seriousness of the offences, the recovery of stolen property from the petitioner's house, and the nature of the accusations. Considering these factors, the court concluded that anticipatory bail was not warranted. Consequently, the petition for anticipatory bail was rejected.

Issues considered

What is the appropriate decision on the petitioner's application for anticipatory bail under Sections 334(1) and 305 of the B.N.S., 2023?

Legislation cited

B.N.S., 2023 — s. 305, 334(1)

Subjects

anticipatory bail
criminal procedure
theft
recovery of stolen property
Section 334(1)
Section 305
bail denial

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.370 of 2026
                            Arising Out of PS. Case No.-430 Year-2024 Thana- PALASI District- Araria
                    ======================================================
                    Nitish Kumar Chaudhary @ Nitish Kumar S/o Siddheshwar Chaudhary @
                    Singheshwar Chaudhary Resident of village- Hasanpur, Ward No. 10, Police
                    Station- Palasi, Distt.- Araria
                                                                             ... ... Petitioner/s
                                                    Versus
                    The State of Bihar
                                                                      ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Kumar Ravish
                    For the Opposite Party/s :        Mr.Rana Randhir Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      21-01-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 334(1), 305 of

                      the B.N.S., 2023.

                                   3. As per F.I.R., on 15.12.2024, when informant

                      reached her shop, she found lock of the shop broken and

                      goods/articles worth Rs. one lakh and fridge was stolen. During

                      investigation, the stolen fridge was recovered from the house of

                      this petitioner.

                                   4. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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