Patna High Court
Ardeet Kumar @ Ardeep Yadav @ Ardeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petition for anticipatory bail.
Summary
The petitioner, Ardeet Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 318(4), 338, 336(3), 340(2), 317(5) and 3(5) of the B.N.S. The prosecution alleged that stolen motorcycles were recovered in a raid based on secret information, but none were found at the petitioner's residence. The petitioner asserted innocence, clean antecedents, and that he was implicated merely on suspicion. The State opposed the bail. The court, noting the absence of any incriminating material in the petitioner's possession and his clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when no incriminating article is recovered and the petitioner has clean antecedents
- Whether suspicion alone suffices for arrest under the cited sections of the B.N.S.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- clean antecedents
- no incriminating article
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7835 of 2026
Arising Out of PS. Case No.-398 Year-2024 Thana- SHERGHATI District- Gaya
======================================================
Ardeet Kumar @ Ardeep Yadav @ Ardeep Kumar S/O Latan Yadav Resident
of Majhanpur P.S.- Sherghati, Dist.- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sunil Kumar Yadav, Advocate
For the State : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 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 318(4),
338, 336(3), 340(2), 317(5) and 3(5) of the B.N.S..
3. As per prosecution case, on secret information, a
raid was conducted and two stolen motorcycles were recovered.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that the alleged stolen motorcycles were not recovered
from the house of this petitioner and he has falsely been
implicated in this case merely on suspicion. Petitioner claims
Patna High Court CR. MISC. No.7835 of 2026(2) dt.20-02-2026
2/2
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, fact that no incriminating article has been recovered from
possession of this petitioner and clean antecedents of the
petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-2,
Sherghati, Gaya in connection with Sherghati P.S. Case No. 398
of 2024, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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