Patna High Court
Babul SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the seriousness of the alleged theft, the petitioner is not entitled to anticipatory bail.
Summary
Babul Sharma applied for anticipatory bail fearing arrest in a 2017 case (PS No. 38) concerning alleged theft of high‑tension wire, charged under Sections 379, 411, 413 and 34 of the Indian Penal Code. The prosecution alleged that Sharma and others cut and stole the wire from an electrical tower. The Patna High Court examined the nature and gravity of the alleged offence and concluded that the petitioner did not merit the privilege of anticipatory bail. Consequently, the application for anticipatory bail was dismissed. The court directed the petitioner to surrender within two weeks and seek regular bail, failing which the police were authorized to arrest him.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged theft of high‑tension wire.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 379, 411, 413
Subjects
- anticipatory bail
- Theft of high tension wire
- Indian Penal Code
- Criminal Procedure Code
- Patna High Court
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88692 of 2025
Arising Out of PS. Case No.-38 Year-2017 Thana- GALGALIYA District- Kishanganj
======================================================
Babul Sharma Son of Kanju Lal Sharma Resident of Village- Kochugachh,
P.S.- Islampur, District- Uttar- Dinajpur (W.B.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mr. Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehend arrest in connection with
Galgalia P.S. Case No. 38 of 2017 registered for offences under
Sections 379, 411, 413/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along
with others are involved in theft of high tension wire by cutting
the wire from the electrical tower.
4. Considering the nature and gravity of offence, this
court is of the considered opinion that petitioner does not
deserve the privilege of anticipatory bail in the present case.
5. The application for anticipatory bail is, accordingly,
dismissed.
6. The petitioner is directed to surrender in the court
Patna High Court CR. MISC. No.88692 of 2025(2) dt.15-01-2026
2/2
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Kishanganj will take all steps for the arrest of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Kishanganj through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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