Patna High Court
Akhilesh Kumar Das @ Akko DasversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was denied because the petitioner was specifically alleged to have knowingly purchased stolen property, supported by corroborative evidence, and he has prior criminal antecedents.
Summary
The petitioner, Akhilesh Kumar Das, sought anticipatory bail in connection with a case alleging he purchased stolen property, offences under Sections 317(2) and 317(4) of the BNS. The prosecution’s case was based on a written informant report and witness statements that the petitioner knowingly bought items stolen by two juveniles. The petitioner argued that he was falsely implicated, citing past rivalry and claiming the allegations were vague. The State opposed bail, emphasizing the specific allegation of knowing purchase of stolen goods and the petitioner’s two prior criminal convictions. The court examined the credibility of the informant’s report, the corroborative statements, and the petitioner’s antecedents, and concluded that these factors outweighed the presumption of innocence. Consequently, the court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged purchase of stolen property
- Whether the presence of specific allegations and prior criminal antecedents justifies denial of anticipatory bail
Legislation cited
- BNS — s. 317(2), 317(4)
Subjects
- anticipatory bail
- stolen property
- criminal antecedents
- Section 317 BNS
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87672 of 2025
Arising Out of PS. Case No.-237 Year-2025 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Akhilesh Kumar Das @ Akko Das S/O Shankar Das Resident of Village -
moh.- Harijan Tola, P.S.- Ishakchak, District- Bhagalpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Mishra, Advocate
For the Opposite Party/s : Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehend his arrest in connection
with Ishakchak P.S. Case No. 237 of 2025, registered for the
offences punishable under Sections 317(2) and 317(4) of the
BNS.
3. The prosecution story, in brief, is that the informant
and his family members had locked their rented house and gone
to their village to celebrate Jitiya festival and for other work. It
is next alleged that one Bittu Kumar informed on phone that
someone has entered their house and is stealing goods. On
receiving the information, we reached our rented house where
we saw two boys in the room of our house, namely Aniket
Jaiswal alias Nikku Jaiswala and Gaurav Jaiswal alias Monkey
Patna High Court CR. MISC. No.87672 of 2025(3) dt.24-02-2026
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and we found that small household items were missing from our
room. From enquiry, the boys informed that they have stolen the
articles and sold it. Thereafter, the informant informed at
Ishakchak Police Station and the two boys were handed over to
the police.
4. Learned counsel for the petitioner submits that
petitioner has two criminal antecedents. It is next submitted that
petitioner has been falsely implicated in the present case by
recording statements of wrong witnesses in connivance with the
informant. Learned counsel for the petitioner further submits
that the allegations are general and omnibus in nature. It is
further submitted that allegations are leveled against the
petitioner due to past rivalry.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that there is a specific
allegation against the petitioner that he knowingly purchased
stolen property from the apprehended accused persons. The
accusations stand supported and corroborated by a written report
of the informant (paragraph-3 of the Case Diary) and the
statements of witnesses recorded in paragraph nos. 4 and 5 of
the Case Diary. The petitioner has also two criminal antecedents
Patna High Court CR. MISC. No.87672 of 2025(3) dt.24-02-2026
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which has been disclosed in paragraph-3 of this application,
which shows that he is a habitual offender. Considering all these
aspects of the matter, the Court is not inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, the application stands rejected.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U T
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