Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is denied.
Summary
Prince Kumar and Satyam Kumar applied for anticipatory bail fearing arrest in a theft case (Mahua P.S. Case No. 212 of 2023) under IPC sections 379 and 427. The High Court examined the material evidence linking them to the offence and considered the seriousness of the crime. It concluded that the nature and gravity of the alleged theft did not merit the privilege of anticipatory bail. Consequently, the court rejected the anticipatory bail application and ordered the petitioners to surrender within four weeks to seek regular bail. The order is limited to this application and does not prejudice any future proceedings.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged theft offences under IPC sections 379 and 427.
Legislation cited
- Indian Penal Code — s. 379, 427
Subjects
- anticipatory bail
- theft
- IPC
- Criminal Procedure Code
- bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65242 of 2025
Arising Out of PS. Case No.-212 Year-2023 Thana- MAHUA District- Vaishali
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1. Prince Kumar S/o- Subodh Kumar Jha Village- Udaypur PS- Sarayranjan
Distt- Samastipur, A/P- Lakshamipur Bahari Ps- Mahua Dist- Vaishali
2. Satyam Kumar S/o- Subodh Kumar Jha Village- Udaypur PS- Sarayranjan
Distt- Samastipur, A/P- Lakshamipur Bahari Ps- Mahua Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nidhi Anand
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Mahua P.S. Case No. 212 of 2023 registered for offences under
Sections 379 and 427 of the Indian Penal Code.
3. The petitioners are accused of committing theft.
Sufficient materials have come during the investigation to
connect the petitioners with the crime.
4. Considering the nature and gravity of offence, this
court is not inclined to grant the privilege of anticipatory bail to
the petitioners in the present case.
5. Accordingly, this application for anticipatory bail is
Patna High Court CR. MISC. No.65242 of 2025(4) dt.10-03-2026
2/2
rejected.
6. The petitioners are directed to surrender in the
concerned Court below within a period of four weeks from
today and seek regular bail, failing which the Superintendent of
Police, Vaishali at Hajipur will take all steps for the arrest of the
petitioners.
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 petitioners at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Vaishali at Hajipur through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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