Patna High Court

Nakul Mahto @ Nakul KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

Petitioner Nakul Mahto, accused of theft along with co-accused Neeraj Kumar, was charged under Section 303(2) of the Bharatiya Nyaya Sanhita, with Section 317(2) later added. The informant claimed to have identified the petitioner. Fearing arrest, the petitioner applied for anticipatory bail. The court examined the nature of the accusation and the evidence presented. Considering the seriousness of the alleged theft, the court refused the prayer for anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in a theft case

Legislation cited

Bharatiya Nyaya Sanhita — s. 303(2), 317(2)

Subjects

anticipatory bail
theft
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.86008 of 2025
                  Arising Out of PS. Case No.-109 Year-2025 Thana- Banuchhapar District- West Champaran
                  ======================================================
                  Nakul Mahto @ Nakul Kumar Son of Sita Mahto Resident of village - Sant
                  Kabir Road Banuchhapar Ward No.- 01, Police Station - Banuchhapar,
                  District - West Champaran.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Brij Kishor Mishra, Advocate
                  For the Opposite Party/s :       Mr. Bharat Lal, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    07-01-2026                  Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in case registered for

                    the offences punishable under Section 303(2) of the Bharatiya

                    Nyaya Sanhita to which Section 317(2) BNS was added later

                    on.

                                 3. It is alleged that this petitioner along with co-

                    accused Neeraj Kumar committed theft in godown of the

                    informant. Informant claims to have identified this petitioner.

                                 4. Considering the nature of accusation, prayer for

                    anticipatory bail of the petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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