Patna High Court

Hasnain Roy @ AfrojversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond, sureties, and conditions of cooperation, despite the prior antecedent.

Summary

The petitioner, Hasnain Roy, a scrap dealer, sought anticipatory bail after the police recovered iron pipes from his shop, alleging they were stolen property under Sections 317(4), 317(5) and 3(5) of the B.N.S. He contended that he had no knowledge of the theft and had been operating the shop for ten years, offering to cooperate with the investigation. The State opposed the bail on the ground of a prior criminal antecedent, noting that the petitioner was already on bail in the underlying case. The Court considered the petitioner’s lack of knowledge, his willingness to cooperate, and the presence of a family member as a surety. Balancing these factors, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties, cooperation with the investigation, and a family member as one surety. The order also invoked Section 482(2) of the B.N.S. as a condition for the bail.

Issues considered

What is the applicability of anticipatory bail under the B.N.S. to a person accused of possessing stolen property without knowledge of its provenance?
Does a prior criminal antecedent preclude the grant of anticipatory bail in the present case?

Legislation cited

B.N.S. — s. 317(4), 317(5), 3(5), 482(2)

Subjects

anticipatory bail
stolen property
criminal antecedent
cooperation with investigation
sureties
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7597 of 2026
                     Arising Out of PS. Case No.-444 Year-2025 Thana- HUSSAINGANJ District- Siwan
                 ======================================================
                 Hasnain Roy @ Afroj Son of Late Ahmad Rai Resident of Village -Chhapiya
                 Bujurg, PS- Hussainganj, Dist- Siwan.                  ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner apprehends his arrest for the offences

                   punishable under Sections 317 (4), 317(5) and 3(5) of the

                   B.N.S.

                                3. The First Information Report relates to recovery of

                   iron pipes from the shop of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   alleged recovery has been made from his scrap shop as he deals

                   with iron pipes etc. The petitioner did not have any knowledge

                   that pipes in question were stolen property and, as a matter of

                   fact, he has been running the said shop for the past 10 years.

                   Further, the petitioner undertakes to cooperate in the

                   investigation and would not abscond or tamper with the

                   evidence.

                                5. Learned APP for the State opposed the prayer for
            Patna High Court CR. MISC. No.7597 of 2026(2) dt.04-02-2026
                                                        2/2




                      anticipatory bail on the ground that the petitioner has one

                      criminal antecedent. In response, it is submitted that the

                      petitioner is on bail in the said case.

                                   6.     Taking     into     consideration   the      facts   and

                      circumstances of the case and also considering the fact that the

                      petitioner has pleaded that he does not have the knowledge that

                      pipes were stolen property, let the above named petitioner, be

                      released on bail, in the event of his arrest or surrender before the

                      learned 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

                      the learned Court below where the case is pending/ successor

                      Court in connection with Hussainganj P.S. Case No.444 of

                      2025, subject to the condition as laid down under Section 482

                      (2) of the B.N.S.S., subject to the further condition that:

                                   (i)    The      petitioner      shall   cooperate      in   the

                      investigation/trial.

                                   (ii)    The one of the bailors will be a family

                      member/close relative.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

Continue reading with your account

Checking your session…