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Patna High Court

Rajesh Kumar @ Raju YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioners.

Summary

The petitioners, Rajesh Kumar, Fantush Kumar and Santosh Kumar, feared arrest in a case registered under Sections 191(2), 191(3), 190, 326(f), 326(g), 324(4), 305 and 61(2) of the B.N.S., 2023, alleging theft of Rs.10 lakh and destruction of three pock‑lane machines belonging to an informant. The FIR specifically implicated them along with other associates. The petitioners disclosed that petitioners 1 and 3 have three prior criminal convictions each, while petitioner 2 has five prior convictions. They applied for anticipatory bail, arguing that the allegations did not warrant pre‑emptive release. The Court, considering the seriousness of the offences and the petitioners' criminal antecedents, rejected the prayer for anticipatory bail, thereby denying relief.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners given the nature of the offences alleged under the B.N.S., 2023 and their prior criminal antecedents.

Legislation cited

  • B.N.S., 2023 — s. 190, 191(2), 191(3), 305, 324(4), 326(f), 326(g), 61(2)

Subjects

  • anticipatory bail
  • criminal antecedent
  • theft
  • destruction of property
  • B.N.S. 2023
  • Sections 191, 326, 324, 305, 61

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8456 of 2026
                        Arising Out of PS. Case No.-394 Year-2024 Thana- PARAIYA District- Gaya
                 ======================================================
           1.     Rajesh Kumar @ Raju Yadav son of Ramkrit Yadav @ Krit Yadav Resident
                  of Village- Solar, Sarvaddipur, Police Station- Paraiya, District -Gaya
           2.    Fantush Kumar son of Rajesh Kumar @ Raju Yadav Resident of Village-
                 Solar, Sarvaddipur, Police Station- Paraiya, District -Gaya
           3.    Santosh Kumar @ Santosh Yadav Son of chandrika yadav Resident of
                 Village- Solar, Sarvaddipur, Police Station- Paraiya, District -Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aryan Singh
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners apprehend their arrest in a case,

                   registered for offence punishable under Sections 191(2), 191(3),

                   19i0, 326(f), 326(g), 324(4), 305 and 61(2) of the B.N.S., 2023.

                                3. As per F.I.R., there is specific allegation against

                   these petitioners that they along with other associates committed

                   theft of Rs.ten lakhs from the office of informant and destroyed

                   three pock-lane machines of informant. As per paragraph – 3 of

                   the petition, petitioner no. 1 & 3 have three criminal antecedent,

                   whereas petitioner no. 2 has got five criminal antecedent.
           Patna High Court CR. MISC. No.8456 of 2026(2) dt.23-02-2026
                                                       2/2




                                  4. Considering the nature of accusation and criminal

                     antecedent, the prayer for anticipatory bail of petitioners is

                     rejected.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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