Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the nature of the allegation and the petitioner’s criminal antecedents did not justify its grant.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail fearing arrest in a case (PS Case No.268 of 2025) filed under Section 317(4) of the Bharatiya Nyaya Sanhita for alleged involvement in a stolen motorcycle case and having prior criminal antecedents. The State opposed the bail, arguing the seriousness of the allegation. The Court examined the nature of the offence and the petitioner’s criminal record and concluded that the circumstances did not merit anticipatory bail. Consequently, the application for anticipatory bail was dismissed. The petitioner was ordered to surrender within two weeks and to apply for regular bail, with the Superintendent of Police directed to enforce the order.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 317(4) of the Bharatiya Nyaya Sanhita given the nature of the allegation and his criminal antecedents?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 317(4)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 317
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73233 of 2025
Arising Out of PS. Case No.-268 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Chandan Kumar Son of Shri Bhagawan Rai R/o Village - Brahmpur Naya
Basti, P.S. - Bagawan Bazar, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the State : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Bhagawan Bazar P.S. Case No. 268 of 2025 instituted
under Sections 317(4) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner has
been found by the police dealing in stolen motorcycle. The
petitioner has criminal antecedent also.
4. Considering the nature of allegation, I am not
inclined to grant anticipatory bail to the petitioner.
5. Accordingly, the application stands dismissed.
6. The petitioner is directed to surrender within two
weeks from today and prays for regular bail, failing which the
Superintendent of Police, Saran at Chapra will take all steps for
Patna High Court CR. MISC. No.73233 of 2025(3) dt.21-01-2026
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arrest of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Saran at Chapra through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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