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Patna High Court

Shivjee RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
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          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
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                      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


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