Abhinash Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Abhinash Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner to be released on anticipatory bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 821 of 2024, subject to condition under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, apprehending arrest in Amarpur P.S. Case No. 821 of 2024 registered for the offence punishable under Section/s 317(5) of the B.N.S., should be granted anticipatory bail.

Court's answer

Having heard the parties and taking into account that the petitioner is a person of clean antecedent, this Court was inclined to grant the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner is to be released on anticipatory bail in the event of his arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 821 of 2024, subject to the condition laid down under Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Abhinash Kumar v. State of Bihar, Patna High Court, Criminal Miscellaneous No.6830 of 2026 (Ajit Kumar, J.), decided 04-02-2026: petitioner apprehending arrest in Amarpur P.S. Case No. 821 of 2024 dated 22.12.2024, District Banka, registered for offence punishable under Section 317(5) of the B.N.S., arising from police recovery of stolen motorcycle Regd. No. BR51D045 from the garage of one Jaini Kumar; counsel contended no theft F.I.R. existed for that motorcycle and petitioner's name transpired through Jaini Kumar's confessional statement, with clean antecedents. Taking the petitioner's clean antecedents into account, the Court granted anticipatory bail: release within four weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned Chief Judicial Magistrate, Banka, subject to conditions under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6830 of 2026

Arising Out of PS. Case No.-821 Year-2024 Thana- AMARPUR District- Banka

======================================================

Abhinash Kumar Son of Awadh Yadav Resident of Villagae - Bharko, P.S Amarpur, Dist. - Banka.

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 04-02-2026

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Amarpur P.S. Case No. 821 of 2024 dated 22.12.2024 registered for the offence punishable under Section/s 317(5) of the B.N.S.

As per the prosecution case, the police has recovered stolen motorcycle bearing Regd. No. BR51D045 from the garage of one Jaini Kumar.

Learned counsel for the petitioner, by referring to the contents of the F.I.R., submits that the Informant, being the police official of Amarpur police station, has lodged the F.I.R. holding the petitioner to be accused for the offence under Section 317(5) of the B.N.S., whereas, no F.I.R. of theft has been lodged with respect to the alleged motorcycle bearing Regd. No.

Patna High Court CR. MISC. No.6830 of 2026(2) dt.04-02-2026 2/2

BR51D045, which is said to have been recovered from the garage of one Jaini Kumar. It is next submitted that the petitioner has clean antecedent and his name has transpired in the instant case on the basis of confessional statement made by Jaini Kumar, who is said to be the owner of the alleged garage.

Learned APP for the State opposes the prayer for grant of anticipatory bail.

Having heard learned counsel for the parties and taking into account that the petitioner is a person of clean antecedent, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 821 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S.

(Ajit Kumar, J)

rishi/-

U T