Patna High Court
Mithu Kumar @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2)
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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