Patna High Court

Abhinash KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The Court held that the petitioner is entitled to anticipatory bail.

Summary

The petitioner, Abhinash Kumar, sought anticipatory bail fearing arrest in connection with PS case No.821 of 2024, which alleged his involvement in an offence punishable under Section 317(5) of the B.N.S. The police had recovered a stolen motorcycle (Regd. No. BR51D045) from the garage of Jaini Kumar, and the petitioner’s name was implicated based on a confessional statement made by Jaini Kumar, although no separate FIR for theft was lodged. The petitioner argued that he has a clean antecedent and that the allegations are unsubstantiated. The State opposed the bail, but the Court, after hearing both sides, considered the petitioner’s clean record and the lack of a theft FIR. Consequently, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties within four weeks, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 317(5) of the B.N.S.
Whether the petitioner’s alleged involvement is sufficiently established in the absence of a theft FIR and based solely on a confessional statement of another person
Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are applicable

Legislation cited

B.N.S. — s. 317(5)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
clean antecedent
theft
motorcycle
confessional statement
Section 317
Section 482
criminal procedure
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6830 of 2026
                      Arising Out of PS. Case No.-821 Year-2024 Thana- AMARPUR District- Banka
                 ======================================================
                 Abhinash Kumar Son of Awadh Yadav Resident of Villagae - Bharko, P.S
                 Amarpur, Dist. - Banka.
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dhananjay Kumar Pandey, Adv.
                 For the Opposite Party/s :      Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Amarpur P.S. Case No. 821 of 2024 dated 22.12.2024

                   registered for the offence punishable under Section/s 317(5) of

                   the B.N.S.

                           3. As per the prosecution case, the police has recovered

                   stolen motorcycle bearing Regd. No. BR51D045 from the

                   garage of one Jaini Kumar.

                           4. Learned counsel for the petitioner, by referring to the

                   contents of the F.I.R., submits that the Informant, being the

                   police official of Amarpur police station, has lodged the F.I.R.

                   holding the petitioner to be accused for the offence under Section

                   317(5) of the B.N.S., whereas, no F.I.R. of theft has been lodged

                   with respect to the alleged motorcycle bearing Regd. No.
              Patna High Court CR. MISC. No.6830 of 2026(2) dt.04-02-2026
                                                          2/2




                        BR51D045, which is said to have been recovered from the

                        garage of one Jaini Kumar. It is next submitted that the

                        petitioner has clean antecedent and his name has transpired in

                        the instant case on the basis of confessional statement made by

                        Jaini Kumar, who is said to be the owner of the alleged garage.

                                5. Learned APP for the State opposes the prayer for grant

                        of anticipatory bail.

                                6. Having heard learned counsel for the parties and taking

                        into account that the petitioner is a person of clean antecedent,

                        this Court is inclined to grant privilege of anticipatory bail to the

                        petitioner.

                                7. Accordingly, let the petitioner, above named, be

                        released on anticipatory bail in the event of his arrest or

                        surrender before the court below within a period of four weeks

                        from today on furnishing bail bond of Rs. 10,000/- (rupees ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of learned Chief Judicial Magistrate, Banka in

                        connection with Amarpur P.S. Case No. 821 of 2024, subject to

                        the condition as laid down under Section 482(2) of the B.N.S.S.



                                                                            (Ajit Kumar, J)
rishi/-

U         T

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