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Patna High Court

Ardeet Kumar @ Ardeep Yadav @ Ardeep KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 317(5), 318(4), 336(3), 338, 340(2), 3(5)
  • B.N.S.S. — s. 482(2)

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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