Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied.
Summary
The petitioner, Bittu Kumar, was accused of theft under Section 379 of the Indian Penal Code in a case registered in 2021. He confessed to the crime and the informant's motorcycle was recovered. He applied for anticipatory bail fearing arrest. The court, considering the nature and gravity of the offence, declined to grant anticipatory bail. The petitioner was ordered to surrender within four weeks to seek regular bail, failing which the police would arrest him. The order is limited to this application and does not prejudice future proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of theft under Section 379 IPC
Legislation cited
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- theft
- Section 379 IPC
- bail
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48594 of 2025
Arising Out of PS. Case No.-164 Year-2021 Thana- BARAULI District- Gopalganj
======================================================
Bittu Kumar Son of Akhilesh Prasad R/O Vill- Mahuari, P.S.- Maharajganj,
District- Siwan, Bihar- 841238
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akshay Ashish
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Barauli P.S. Case No. 164 of 2021 registered for offences under
Sections 379 of the Indian Penal Code.
3. The petitioner is accused of committing theft. He
has confessed his guilt and on his confession, motorcycle of the
informant was recovered.
4. Considering the nature and gravity of the offence,
this Court is not inclined to grant anticipatory bail to the
petitioner in this case.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
Patna High Court CR. MISC. No.48594 of 2025(5) dt.20-02-2026
2/2
below within a period of four weeks from today and seek
regular bail, failing which the Superintendent of Police,
Gopalganj will take all steps for the arrest of the petitioner.
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.
8. Let a copy of this order be communicated to the
Superintendent of Police, Gopalganj through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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