Patna High Court
Vivek Kumar @ Vivek SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the seriousness of the offences and the petitioners’ prior similar criminal antecedents outweighed the grounds for granting bail.
Summary
The petitioners, Vivek Kumar and Pawan Kumar, sought anticipatory bail in a case registered under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita for alleged theft at the informant’s house. The FIR named unknown miscreants, and the petitioners’ names emerged only from a co‑accused’s confessional statement, not from the FIR itself. The petitioners contended they were innocent and had no involvement in the alleged offence. The informant’s counsel opposed bail, highlighting two prior criminal antecedents of a similar nature against the petitioners. Considering the seriousness of the charges and the petitioners’ past criminal record, the Court refused the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita in view of the alleged offences under Sections 305 and 331(4).
- Whether the petitioners’ prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 305, 331(4)
Subjects
- anticipatory bail
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Theft
- High Court
- Section 305
- Section 331(4)
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78423 of 2025
Arising Out of PS. Case No.-465 Year-2024 Thana- TARAIYA District- Saran
======================================================
1. Vivek Kumar @ Vivek Sahni Son of Vinod Sahni Resident of Village -
Murlipur, P.S.- Taraiya, District - Saran.
2. Pawan Kumar @ Pankaj Sahni Son of Lakhan Sahni Resident of Village -
Murlipur, P.S.- Taraiya, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P.
For the Informant : Mr. Jeetendra Narayan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in Taraiya P. S. Case
No. 465 of 2024 registered for the offences punishable under
Sections 305, 331(4) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., some unknown miscreants committed
theft in the house of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during
investigation in confessional statement of co-accused.
5. Learned counsel for the informant vehemently
Patna High Court CR. MISC. No.78423 of 2025(3) dt.31-03-2026
2/2
opposed the bail application and submitted that petitioner has
got two criminal antecedents of similar nature.
6. Considering the nature of accusation and criminal
antecedents, prayer for anticipatory bail of the petitioners is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.