Patna High Court

Balo ChaudharyversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the petitioner’s criminal antecedents and the seriousness of the alleged theft did not satisfy the requirements for grant of bail.

Summary

The petitioner, Balo Chaudhary, was accused in an FIR of stealing three buffaloes along with three other accused, and he has four prior criminal convictions. He filed an application for anticipatory bail under the provisions of Sections 303(2) and 3(5) of the B.N.S., 2023, fearing arrest. The court examined the seriousness of the alleged theft and the petitioner’s criminal antecedents. Considering the nature of the accusation and the petitioner’s prior record, the court found that the criteria for granting anticipatory bail were not met. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Sections 303(2) and 3(5) of the B.N.S., 2023 given the nature of the alleged offence and his criminal antecedents?

Legislation cited

B.N.S., 2023 — s. 303(2), 3(5)

Subjects

anticipatory bail
criminal antecedent
theft
B.N.S. 2023
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.84464 of 2025
                        Arising Out of PS. Case No.-342 Year-2025 Thana- MOKAMAH District- Patna
                  ======================================================
                  Balo Chaudhary S/O Late Sone Lal Chaudhary R/O Village -Kanhaipur
                  Nayanagar P.S.- Mokama, District - Patna
                                                                      ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Manoj Kumar Pandey
                  For the Opposite Party/s :       Mr.Bharat Lal
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

3    28-01-2026                    Heard learned counsel for the petitioner and learned

                    A.P.P for the State.

                                 2. The petitioner apprehends his arrest in a case,

                    registered for offence punishable under Sections 303(2), 3(5) of

                    the B.N.S., 2023.

                                 3. As per F.I.R., this petitioner along with other three

                    named accused are alleged to have stolen three buffaloes of the

                    informant. Petitioner has got four criminal antecedent.

                                 4. Considering the nature of accusation and criminal

                    antecedent,       the prayer for anticipatory bail of petitioner is

                    rejected.



                                                      (Prabhat Kumar Singh, J)
anay/-

U        T

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