Patna High Court

Ajay Thathera @ Ajay KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Ajay Thathera, was implicated in a theft case involving three aluminum coils allegedly stolen from S.J.V.N. Power Plant, with the prosecution alleging he purchased one of the coils. The petitioner contended he has no business in coil trade, no criminal record, and no incriminating material was found on him, asserting false implication. The State opposed bail, emphasizing the seriousness of the offences under Sections 303(2), 317(2) and 3(5) of the Bhartiya Nyaya Sanhita. The court examined the merits and, considering the lack of direct evidence against the petitioner, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order directs the petitioner to surrender within six weeks if arrested.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 despite the seriousness of the alleged offences.
Whether the prosecution has established a prima facie case sufficient to deny anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 3(5)

Subjects

anticipatory bail
theft
aluminum coil
Section 303
Section 317
Section 482
criminal procedure
bail conditions
Bhartiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62114 of 2025
                   Arising Out of PS. Case No.-214 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Ajay Thathera @ Ajay Kumar S/o Hakim Chand Thathera @ Hakim Chand
                 Prasad R/o vill - Sareja, P.S.- Rajpur, Distt.- Buxar
                                                                              ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Devi Das Srivastava, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Buxar Muffasil P.S. Case No. 214 of 2025 instituted for the

                   offences Sections 303(2)/317(2)/3(5) of the Bhartiya Nyaya

                   Sanhita, 2023.

                               3. As per prosecution case, the accusation against the

                   accused persons including the petitioner is of stealing three

                   aluminum coils worth Rs. 3,12,196/- from S.J.V.N. Power Plant

                   out of which they sold a coil to the petitioner Ajay Thathera.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   against him and has falsely been implicated in the present case.

                   The petitioner is not doing any type of business nor he has any
           Patna High Court CR. MISC. No.62114 of 2025(5) dt.09-02-2026
                                                       2/2




                     shop for purchase and sale of coil. The name of the petitioner

                     transpires on the confessional statement of co-accused. No

                     incriminating article has been recovered from the possession of

                     the petitioner. The petitioner has no concern with the alleged

                     occurrence. It has been submitted on behalf of the petitioner that

                     the petitioner has no criminal antecedent.

                                 5. On the other hand, learned A.P.P. for the State has

                     vehemently opposed the prayer for grant of bail to the petitioner,

                     stating that the offence alleged is serious in nature. The

                     petitioner has purchased the alleged wire.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Buxar

                     Muffasil P.S. Case No. 214 of 2025, subject to the conditions as

                     laid down under Section 482(2) of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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