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Patna High Court

Awinash Kumar @ Avinash KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Avinash Kumar, sought anticipatory bail fearing arrest in a 2018 case (PS Majorganj) for an alleged loot offence under Section 394 of the Indian Penal Code. The petitioner’s name appears in a self‑inculpatory statement of a co‑accused and he is also implicated in two other criminal matters. The court examined whether the circumstances warranted the grant of anticipatory bail. Considering the seriousness of the allegations and the presence of incriminating statements, the court declined to grant anticipatory bail. The petitioner was ordered to surrender within four weeks and to apply for regular bail, which will be considered on its merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under IPC Section 394.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 394
  • loot
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51153 of 2025

                    Arising Out of PS. Case No.-138 Year-2018 Thana- MAJORGANJ District- Sitamarhi

                 ======================================================
                 Awinash Kumar @ Avinash Kumar S/o- Kaushal Kishor Thakur Village-
                 GAneshpur Ps- Riga Dist- Sitamarhi

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                    Heard learned counsel for the parties.

                                   2.         The petitioner apprehends his arrest in

                   connection with Majorganj (Suppi) P.S. Case No.138 of 2018

                   for the offence under sections 394 of the Indian Penal Code.

                                   3.         The petitioner is accused of committing loot.

                                   4.         The name of the petitioner has come in the

                   self-inculpatory statement of co-accused. He is accused in two

                   more criminal cases.

                                   5.         Considering the aforesaid facts, I am not

                   inclined to grant anticipatory bail to the petitioner. Accordingly,

                   this bail application is dismissed.

                                   6.         The petitioner is directed to surrender before

                   the Court below within a period of four weeks from today and
           Patna High Court CR. MISC. No.51153 of 2025(5) dt.19-02-2026
                                                       2/2




                     seek regular bail. If he does so, his application for regular bail

                     shall be considered by the learned Court below on its own merit

                     without being prejudiced by this order.


                                                                (Sandeep Kumar, J)

pawan/-
U      T


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