Patna High Court
Saurabh Kumar @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Saurabh Kumar, applied for anticipatory bail after a FIR under Sections 305, 331(4) and 334 of the Bharatiya Nyaya Sanhita alleged that stolen laptops, a gold chain and other ornaments were found in his rented house. He contended that he was not named in the FIR and that his name only emerged from the confessional statement of co‑accused Prithvi Kumar, asserting his innocence and clean antecedents. The State opposed the bail, emphasizing the seriousness of the offences and the recovery of stolen property from the petitioner’s premises. The Court examined the nature of the accusations, the material evidence recovered, and the reliance on a co‑accused’s confession. Concluding that the circumstances warranted custody, the Court refused the anticipatory bail application. The bail petition was therefore dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the recovery of stolen articles from his premises
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confessional statement, suffices to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 305, 331(4), 334
Subjects
- anticipatory bail
- theft
- Bharatiya Nyaya Sanhita
- Section 305
- Section 331(4)
- Section 334
- co‑accused confession
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8541 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Saurabh Kumar @ Golu Kumar Son of Shankar Kumar Resident of Village -
Baikunthpur, Ward No.- 24, P.O.- Gangapur, P.S.- Sultanganj, District -
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kr. Jha, Mr. Chandra Mohan Jha, Adv
For the Opposite Party/s : Mr. Umeshanand Pandit, 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 Industrial Area P. S.
Case No. 40 of 2025 registered for the offences punishable
under Sections 305, 331(4), 334 of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., during raid, two stolen laptops, gold
chain and other ornaments were found in the house of this
petitioner.
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 in confessional statement of co-accused Prithvi
Kumar. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.8541 of 2026(2) dt.23-02-2026
2/2
the bail application.
6. Considering the nature of accusation and the fact
that stolen articles have been recovered from rented house of the
petitioner, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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