Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the petitioner’s confession and the nature of the theft precluded such relief.
Summary
Vinay Kumar, a security guard, was accused of stealing paddy worth Rs.10 lakh and had confessed to the offence. He filed an anticipatory bail application under Sections 61(2), 303(2), 318(4), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, fearing arrest in PS‑Nemdarganj Case No.279 of 2025. The Patna High Court, after hearing counsel, held that the confession and the seriousness of the theft did not warrant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within two weeks to seek regular bail, failing which the Superintendent of Police would proceed with his arrest. The order was communicated to the police for compliance.
Issues considered
- Whether anticipatory bail should be granted to a confessed thief under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 316(5), 318(4), 3(5), 61(2)
Subjects
- anticipatory bail
- theft
- confession
- criminal procedure
- bail procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91056 of 2025
Arising Out of PS. Case No.-279 Year-2025 Thana- NEMDARGANJ District- Nawada
======================================================
Vinay Kumar Son of Anil Prasad Kushwaha Resident of Village- Farha, P.S.-
Nemdarganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Nemdarganj P.S. Case No. 279 of 2025 instituted under
Sections 61(2), 303(2), 318(4), 316(5) and 3(5) of the
IBharatiya Nyaya Sanhita.
3. It is alleged that the petitioner while working as a
Security Guard has committed theft of paddy wroth Rs. 10
lakh. He has confessed his guilt also.
4. Considering the fact that the petitioner is accused
of committing theft and also the fact that he has confessed his
guilt, I am not inclined to grant anticipatory bail to the
petitioner.
5. Accordingly, the application stands dismissed.
Patna High Court CR. MISC. No.91056 of 2025(2) dt.28-01-2026
2/2
6. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Nawada will take all steps for arrest of
the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Nawada through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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