Patna High Court
Vibhishan Kumar @ Bibhisan Kumar @ Dheeraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Vibhishan Kumar, applied for anticipatory bail fearing arrest in a case registered under Sections 395 and 427 of the Indian Penal Code for theft of cash and mobile phones. The FIR described an armed robbery by unknown miscreants, and the petitioner’s name was not originally mentioned but later emerged from a co-accused’s confessional statement. The petitioner’s counsel argued his innocence and lack of direct accusation, while the State highlighted three prior criminal convictions. The court examined the seriousness of the alleged offences, the material evidence, and the petitioner’s criminal antecedents. Concluding that the nature of the accusation and the antecedents warranted denial of relief, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the FIR allegations and his criminal antecedents
Legislation cited
- Indian Penal Code — s. 395, 427
Subjects
- anticipatory bail
- Indian Penal Code
- Theft
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5672 of 2026
Arising Out of PS. Case No.-159 Year-2019 Thana- SIDHWALIYA District- Gopalganj
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Vibhishan Kumar @ Bibhisan Kumar @ Dheeraj Kumar Singh Son of
Gaurishankar Singh @ Gauri Shankar Singh R/o Village - Kishanpura, P.S. -
Basantpur, Distt - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Sidhwaliya P. S.
Case No. 159 of 2019 registered for the offences punishable
under Sections 395, 427 of the Indian Penal Code.
3. As per F.I.R., some unknown miscreants riding on
motorcycle came at the petrol pump of informant situated at NH
28 and committed theft of Rs. 2,42,000/- and mobile phones of
the staff on point of pistol and knife.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation in confessional statement of co-accused.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.5672 of 2026(2) dt.04-02-2026
2/2
the bail application and submitted that petitioner has got three
criminal antecedents.
6. Considering the nature of accusation, materials
available on record and criminal antecedents, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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