Patna High Court

Dheeraj KumarversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Dheeraj Kumar, a driver, was implicated in a case where a truck carrying Makka worth Rs.6,49,512 was stolen. The FIR alleges that the petitioner was involved in the theft, while the truck owner, Rajiv Kumar, is not implicated. The petitioner sought anticipatory bail under sections 316(2), 318(4), 303(2) and 3(5) of the B.N.S., 2023. The High Court examined the facts and the seriousness of the alleged offences. Justice Sandeep Kumar held that the circumstances did not merit the grant of anticipatory bail. Consequently, the bail application was dismissed.

Issues considered

What is the appropriateness of granting anticipatory bail to the petitioner under the alleged offences?

Legislation cited

B.N.S., 2023 — s. 303(2), 316(2), 318(4), 3(5)

Subjects

anticipatory bail
theft
transport of goods
criminal procedure
B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75494 of 2025
                  Arising Out of PS. Case No.-663 Year-2025 Thana- SAHARSA SADAR District- Saharsa

                 ======================================================
                 Dheeraj Kumar S/O Sadhu Yadav R/O Vill.- Bhalua, P.O.-Kunda, Malwa,
                 P.S.- Govindpur, Dist.- Nawada.

                                                                                  ... ... Petitioner
                                                        Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Binod Kumar Sinha, Advocate
                 For the State             :        Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-03-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite party no.2.

                                      2.       This application for anticipatory bail arises

                   out of Saharsa Sadar P.S. Case No.663 of 2025 for the offence

                   under sections 316(2), 318(4), 303(2), 3(5) of the B.N.S., 2023.

                                      3.       As per the F.I.R., the informant has booked a

                   truck for transportation of Makka of Rs.6,49,512/-. However,

                   the said Makka did not reach its destination and the same has

                   been stolen by the accused persons.

                                      4.       The truck was owned by one Rajiv Kumar

                   and the petitioner was the driver of the said truck. During

                   investigation, it was found that the owner of the truck is not

                   involved in the crime and it is the petitioner who was bringing

                   the Makka and is involved in the crime.
              Patna High Court CR. MISC. No.75494 of 2025(3) dt.10-03-2026
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                                        5.      Considering the aforesaid facts, I am not

                        inclined to grant anticipatory bail to the petitioner. Accordingly,

                        this bail application is dismissed.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T

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