Patna High Court
Vijay Anand @ Bijay AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Vijay Anand and Shailesh Jha, sought anticipatory bail fearing arrest in a case alleging theft of gold, forgery of signatures, misuse of ATM cards and misappropriation of Rs.5,00,000. The prosecution, based on the informant's complaint, charged them under several sections of the B.N.S. The petitioners contended they were innocent, highlighting familial relations with the informant, a civil property dispute, and Vijay Anand's mental illness. The State and the informant opposed the bail. Considering the familial ties, the civil nature of the dispute, and the petitioners' clean antecedents, the court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the accused despite serious charges under the B.N.S.
- Whether the alleged acts constitute a criminal offence or are merely a civil dispute
- Whether the petitioners' mental illness and family relationship affect the bail decision
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- theft
- forgery
- family dispute
- mental illness
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81486 of 2025
Arising Out of PS. Case No.-1100 Year-2024 Thana- SAHARSA SADAR District- Saharsa
======================================================
1. Vijay Anand @ Bijay Anand S/O Late Hira Jha R/o Goutam Nagar at and
P.S.- Sadar Saharsa, Distt.- Saharsa
2. Shailesh Jha @ Shailesh S/O Late Chandra Nath Jha R/O Vill.- Bhawarpur,
P.s.- Bihpur, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prasant Kumar S/O Late Hira Jha R/o Goutam Nagar at and P.S.- Sadar
Saharsa, Distt.- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Shambhu Kumar, Advocate
For the State : Mr. Damodar Prasad Tiwary, APP
For the Informant : Mr. Deepak Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
8 28-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant/Opposite
Party No. 2.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 318(4),
336(3), 340(2), 352, 351(2), 351(3) and 303(2) of the B.N.S..
3. As per prosecution case, informant alleges that
these two accused petitioners, dishonestly took away about 1kg
250 gm of gold belonging to his wife. It is further alleged that
Patna High Court CR. MISC. No.81486 of 2025(8) dt.28-04-2026
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after death of father of informant, these two accused-petitioners
forged signatures and misused ATM card/bank accounts to
illegally withdraw his money and misappropriated about Rs.
50,00,000/- from the accounts.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, Petitioner No. 1,
namely Vijay Anand, is own brother of the informant and
Petitioner No. 2, namely Shailesh Jha, is brother-in-law of the
informant and due to petty family feud and property dispute,
series of litigation are pending between the parties and the
present case is one of them. It is further submitted that Petitioner
No. 1 is mentally ill and his treatment is going on before Dr. V.
Kumar Clinic in Kanke, Ranchi. Moreover, the dispute is purely
civil in nature and none of the acts, allegedly committed by
these petitioners, would give rise to any criminal liability.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, relationship between the parties and nature of dispute, the
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prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Saharsa in connection with Sadar Saharsa P.S. Case
No. 1100 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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