Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Dilip Kumar, sought anticipatory bail in a case (PS Case No.265 of 2026) involving alleged theft of 51 aluminum plates valued at Rs.6,00,000, alleged under Sections 334(1) and 303(2) of the Bihar Negotiable Instruments Act, 2023. The FIR named 8-10 unknown persons, but the petitioner’s name was later added during investigation, with the prosecution alleging that his staff purchased the stolen plates. The petitioner contended he was innocent, not named in the FIR, and that the plates entered his shop only through a labourer without his knowledge. The State opposed bail, citing the material already recorded in the case diary and a prior rejection order by the Additional Sessions Judge. The Patna High Court declined to grant anticipatory bail, directing the trial court to consider a regular bail application if the petitioner surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 334(1) and 303(2) of the Bihar Negotiable Instruments Act, 2023.
- Whether the petitioner’s alleged involvement, based solely on his staff’s alleged purchase of stolen goods, warrants denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 303(2), 334(1)
Subjects
- anticipatory bail
- theft
- aluminum plates
- Section 334(1)
- Section 303(2)
- Bihar Negotiable Instruments Act, 2023
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37982 of 2026
Arising Out of PS. Case No.-265 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Dilip Kumar S/o Yogendra Paswan R/o Village - Sri Ram Colony,
Bhagwanpur, P.S. - Sadar, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra, Adv.
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard Learned Counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in a case
registered for the offences punishable in connection with
Ahiyapur P.S. Case No.265 of 2026 under Sections 334(1) and
303(2) of the BNS, 2023 pending before the court of
C.J.M.,Muzaffarpur.
3. As per the prosecution, the FIR has been lodged
against 8-10 unknown accused persons excluding the petitioner
against whom there is allegation of theft of total 51 Aluminum
plates amounting to Rs.6,00,000/- and entire event has been
recorded in the CCTV of the informant.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37982 of 2026(2) dt.17-06-2026
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petitioner is innocent and has committed no offence. He submits
that the petitioner is not named in the FIR rather his name has
figured in this case during investigation at the instance of police
and it has been alleged that staff of the petitioner has purchased
the said stolen aluminum plates.
5. Learned Counsel also submits that antecedent of
the petitioner is clean and he is owner of the Jagdamba Metal
Shop in which some labourer used to work and the said theft
material has come in his shop only at the instance of the said
labourer. He further submits that the petitioner is not involved
and he is completely unaware about the said event.
6. Learned APP for the State opposes the prayer for
bail and fairly submits that the material has come in the case
diary which has been well discussed in paragraph 5 of the
rejection order passed by Additional Sessions Judge-13,
Muzaffarpur.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
8. However, Trial Court is directed to consider the
regular bail application of the petitioner, if he surrenders within
four weeks from today and prays for regular bail, then trial court
Patna High Court CR. MISC. No.37982 of 2026(2) dt.17-06-2026
3/3
shall pass order on merit without being prejudice of the present
order preferably on the same day.
(Dr. Anshuman, J)
Prakashmani/-
U T
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