Patna High Court
Shivjee RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the court found sufficient material evidence and seriousness of the offences.
Summary
The petitioner, Shivjee Ray, sought anticipatory bail fearing arrest in a case involving alleged theft and conspiracy concerning a large quantity of steel. The prosecution alleged that the petitioner purchased stolen steel from co‑accused persons, and the material was recovered from his welding shop, with his brother testifying to the seizure. The petitioner contended he was not named in the FIR, no stolen articles were found in his possession, and he was innocent. The State opposed the bail, presenting evidence of the recovered steel and corroborating witness statements. The court examined the nature of the accusations, the material evidence uncovered during investigation, and the seriousness of the offences under the B.N.S. statutes. Concluding that the circumstances warranted denial of bail, the court rejected the anticipatory bail petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the provisions of the B.N.S. in view of the alleged theft and conspiracy.
Legislation cited
- B.N.S. — s. 303(2), 316(2), 318(3), 318(4), 336(3), 3(5)
Subjects
- anticipatory bail
- theft
- conspiracy
- criminal procedure
- bail
- steel theft
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77768 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
Shivjee Ray Son of Ramlagan Ray Resident of Azamgadh Nagwan Tola,
Jagdishpur, P.S.- Dumra, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 316(2),
318(4), 318(3), 336(3), 303(2) and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that informant is
in the business of transportation, which is in the name Adarsh
Raj Road Lines. It is alleged that on 11.04.2025, informant, on
the guarantee of co-accused Dilshad, who also owns a transport
company by thename of ATC Transports, Shamli, U.P., got the
goods loaded from Gowardhan Ispat Pvt. Ltd. on a truck bearing
Registration No. HR-45-B-4845 for delivery at Jaiswal Steel,
Gorakhpur and Sri Balaji Steel, Gorakhpur. Owner and driver of
the truck is co-accused Arshad and he was accompanied by co-
Patna High Court CR. MISC. No.77768 of 2025(2) dt.05-02-2026
2/3
accused Eklas. However, on 14.04.2025, informant came to
know that goods have yet not been delivered. Thereafter,
informant tried contacting the F.I.R. named accused persons but
they kept on making excuses. Informant suspects that all the
F.I.R. named accused persons, in a planned conspiracy, have
embezzled the goods.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioners is not named in the F.I.R..
Name of petitioner transpired in this case during course of
investigation and no stolen article were recovered from
possession of this petitioner.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that during course of investigation
it has come that stolen articles i. e ,. huge quantity of steel, were
purchased by this petitioner from other co-accused persons and
the same were recovered from his welding shop . The witness of
seizure from his shop is his own brother namely Rajesh Kumar
and other witnesses have also supported the prosecution case .
6. Considering the facts and circumstances of the
case, nature of accusation, materials that have surfaced during
Patna High Court CR. MISC. No.77768 of 2025(2) dt.05-02-2026
3/3
course of investigation and other circumstances of the case , the
prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…