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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

Petitioner Raja Kumar sought anticipatory bail after learning that he might be arrested in connection with a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita. The FIR dated 21-02-2025 records that three unknown persons, armed with a pistol, snatched a motorcycle and a laptop from an informant. The petitioner contends he is innocent, was not named in the FIR, and has a clean antecedent, asserting that his name only emerged during investigation. The State, through its A.P.P., argues that the motorcycle used in the theft belongs to the petitioner, implicating him in the offence. After considering the nature of the accusation and the material on record, the Court refused the petitioner's anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Section 309
  • Bharatiya Nyaya Sanhita
  • theft
  • motorcycle
  • criminal procedure
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8533 of 2026
                    Arising Out of PS. Case No.-58 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Raja Kumar Son of Surendra Ray Resident of Village- Ajna, P.S.- Kalyanpur,
                 District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lakshmindra Kumar Yadav, Advocate
                 For the Opposite Party/s :       Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Kalyanpur P. S.

                   Case No. 58 of 2025 registered for the offences punishable

                   under Sections 309(4) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., on 21.02.2025 at about 7 PM, when

                   informant was going to Pusa, on the way, three unknown

                   miscreants, riding on a motorcycle, stopped informant and

                   snatched away his motorcycle and laptop on the point of pistol.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is not named in the F.I.R. and his name transpired during

                   investigation. Petitioner claims clean antecedent.

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

                   the bail application and submitted that during investigation, it
              Patna High Court CR. MISC. No.8533 of 2026(2) dt.23-02-2026
                                                          2/2




                        has come that the motorcycle which was used in the commission

                        of offence, belongs to this petitioner.

                                     6. Considering the nature of accusation and materials

                        available on record, prayer for anticipatory bail of the petitioner

                        is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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