Abhinash Kumar v. The State Of Bihar

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 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. 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.

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

4. 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.

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

6. 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.

7. 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