Patna High Court
Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the BNS, 2023.
Summary
Kishan Kumar sought anticipatory bail fearing arrest in a case registered under Section 317(4) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that during a patrolling operation two persons were caught for snatching a mobile phone and, after recovery of the stolen items, the informant disclosed the names of two additional accused, including the petitioner. The petitioner argued that he was not named in the FIR, his name emerged only during investigation, no articles were recovered from his possession, he was not present at the scene, and he has a clean antecedent. The State’s Additional Public Prosecutor did not contest these submissions. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the BNS, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the circumstances of the case.
- Whether the material on record justifies the issuance of a warrant for the petitioner's arrest.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 317(4), 482(2)
Subjects
- anticipatory bail
- Section 317
- theft
- mobile snatching
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72570 of 2025
Arising Out of PS. Case No.-242 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Kishan Kumar, S/o Madhurendra Kumar, R/o- Bakarganj, P.S.- Pirbahore,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner, and the
learned APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 317(4)
Of the BNS.
3. Prosecution case, in brief, is that on 04.04.2025,
the informant along with other officials during patrolling duty
apprehended two accused persons on suspicion of snatching
mobile phone. On search, two mobile phone and motorcycle
were recovered. Thereafter, they disclosed name of two other
accused persons who were also apprehended and stolen
mobile phone and motorcycle were recovered from them.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. and his name transpired
during course of investigation. There is no recovery from the
conscious possession of the petitioner. Petitioner is neither
present on the place of occurrence nor he has any concern
with the recovered articles. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.72570 of 2025(4) dt.13-01-2026
2/2
5. Learned A.P.P. for the State does not dispute the
contention made on behalf of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned J.M., 1st Class, Patna
in connection with Kadamkuan P. S. Case No. 242 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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