Patna High Court
Kunal Singh @ KunalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court rejected the petitioner's anticipatory bail application.
Summary
Petitioner Kunal Singh applied for anticipatory bail in connection with a theft case (PS Case No. 133 of 2026) alleging he turned off a CCTV camera and stole cash. The informant filed a vakalatnama and alleged theft of Rs. 3,00,000 in cash and misappropriation of Rs. 10,20,190, which the prosecution used to oppose bail. The petitioner argued the FIR was vague, he had no prior record, and was willing to comply with any conditions. The State and the informant opposed bail, citing the Sessions Court’s rejection of a prior anticipatory bail application and material in the case diary. The High Court, after considering the allegations and the case diary, declined to grant anticipatory bail, rejecting the petitioner's prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the allegations of theft and the material recorded in the case diary.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305
Subjects
- anticipatory bail
- theft
- Bharatiya Nyaya Sanhita
- Section 305
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42229 of 2026
Arising Out of PS. Case No.-133 Year-2026 Thana- KANKARBAG District- Patna
======================================================
Kunal Singh @ Kunal S/o Balendra Prasad Singh @ Balendra Prasad R/O
vill- Ward No-01,Hemanpur, Shivai singhpur P.S- Mohiuddin Nagar, Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Singh, Adv.
For the State : Mr. Jagdhar Prasad, APP
For the Informant : Mr. Awadhesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner, learned A.P.P
for the State and learned counsel for the informant.
2. Learned counsel for the informant submits that he
has filed soft copy as well as hard copy of the vakalatnama, but
his name is not reflecting in the cause list. In support thereof, he
has produced the photo copy of the receipt of filing the
vakalatnama, which is hereby accepted in the court.
3. The petitioner is apprehending arrest in connection
with Kankarbagh P.S. Case No. 133 of 2026 lodged on
16.02.2026, for the offence punishable under Section 305 of the
Bharatiya Nyaya Sanhita, 2023, pending in the Court of
A.C.J.M-II, Patna.
Patna High Court CR. MISC. No.42229 of 2026(2) dt.01-07-2026
2/3
4. As per the prosecution, FIR has been lodged against
the sole petitioner. It has been alleged by the informant that the
petitioner entered the office premises on a holiday, switched off
the CCTV camera, took the cash from the office, and thereafter,
fled away from the premises.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
that in the FIR, a vague allegation has been made against the
petitioner. As per the allegation, the only thing transpires is that
the petitioner turned off the CCTV camera, but what amount
was subject to theft, has not been described in the FIR. Counsel
further submits that the petitioner has clean antecedent and he is
ready to fulfill all the conditions whatsoever shall be imposed
upon him.
6. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that as per the rejection
order passed by the Sessions Court, it become crystal clear that
theft of Rs. 3,00,000/- (Rupees Three Lacs) in cash and
misappropriation of Rs. 10,20,190/- (Rupees Ten Lacs Twenty
Thousand One Hundred Ninety) has come during investigation.
7. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the Sessions Court at the
Patna High Court CR. MISC. No.42229 of 2026(2) dt.01-07-2026
3/3
time of passing order on the anticipatory bail application of the
petitioner has perused the case diary and materials of the case
diary has also been jotted down.
8. As such, in the present facts and circumstances
considering that in the case diary, specific material has come
against the petitioner, this Court is not inclined to grant bail to
the petitioner. Accordingly, the prayer for anticipatory bail of the
petitioner stands rejected.
(Dr. Anshuman, J)
Divyansh/-
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