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Patna High Court

Mithu Kumar @ Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s criminal antecedents and the nature of the accusations outweighed the grounds for bail.

Summary

The petitioner, Mithu Kumar, sought anticipatory bail after being implicated in a case under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita for alleged involvement in a stolen motorcycle offence. The FIR indicated that a co-accused, Raja Kumar, named the petitioner while being caught with the stolen vehicle. The petitioner argued innocence, stating no motorcycle was recovered from him and he had no connection to the recovery. The State opposed bail, highlighting the petitioner’s three prior criminal antecedents. The Court, weighing the seriousness of the charges and the petitioner’s criminal record, refused the anticipatory bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita in view of the alleged offences and his prior criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • Sections 303
  • Sections 317
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83557 of 2025
                     Arising Out of PS. Case No.-351 Year-2025 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Mithu Kumar @ Ranjan Kumar Son of Late Lala Choudhary @ Lalan
                 Choudhary Resident of Village- Nil Kothi, Pani Tanki, P.S.- Dehri, District-
                 Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 303(2), 317(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., one co-accused Raja Kumar was

                   apprehended on the spot with stolen motorcycle who disclosed

                   the name of this petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. No stolen

                   motorcycle was recovered from possession of this petitioner and

                   petitioner has got no concern with the alleged recovery.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application and submitted that petitioner has got three
              Patna High Court CR. MISC. No.83557 of 2025(2) dt.06-01-2026
                                                          2/2




                        criminal antecedents.

                                     6. Considering the nature of accusation and criminal

                        antecedents, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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