Patna High Court
Avinash Kumar @ Abinash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the petitioner’s alleged participation in the theft was not sufficiently doubtful to merit such relief.
Summary
The petitioner, Avinash Kumar, applied for anticipatory bail in a criminal miscellaneous case arising from theft alleged under sections 334(1), 303(2) and 317(2) of the B.N.S., 2023. The police alleged that unknown persons stole goods from the informant's godown and that some of the stolen items were later found in the petitioner's shop, with a co‑accused naming him in a self‑inculpatory statement. The petitioner sought protection from arrest pending trial. The Court examined the material on record, including the recovery of stolen goods and the co‑accused’s statement, and concluded that the petitioner’s involvement was not sufficiently doubtful to merit anticipatory bail. Consequently, the application for anticipatory bail was dismissed, and the petitioner was ordered to surrender within four weeks and to apply for regular bail, failing which the Superintendent of Police would be directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged theft and his alleged involvement as indicated by the co‑accused’s statement.
Legislation cited
- B.N.S., 2023 — s. 303(2), 317(2), 334(1)
Subjects
- anticipatory bail
- theft
- criminal procedure
- bail denial
- co‑accused statement
- recovery of stolen goods
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81284 of 2025
Arising Out of PS. Case No.-274 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Avinash Kumar @ Abinash Kumar Son of Pramod Sah Village- Kafen Police
Station- Garha O P District- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar S.K., Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application for anticipatory bail arises
out of Kalyanpur P.S. Case No.274 of 2025 for the offence
under sections 334(1), 303(2) and 317(2) of the B.N.S., 2023.
3. Unknown persons have committed theft in
the godown of the informant.
4. Certain stolen goods were recovered from
the shop of the petitioner, who has been named by the co-
accused in his self-inculpatory statement.
5. Considering the aforesaid facts, I am not
inclined to grant anticipatory bail to the petitioner. Accordingly,
this bail application is dismissed. The petitioner is directed to
surrender before the Court below without four weeks from
today and pray for regular bail, failing which, the
Patna High Court CR. MISC. No.81284 of 2025(4) dt.13-03-2026
2/2
Superintendent of Police, Samastipur, will take all steps for
arresting the petitioner.
6. Let a copy of this order be communicated to
the Superintendent of Police, Samastipur, forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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