Radheshyam Kumar @ Radheyshayam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18748 of 2026 Arising Out of PS. Case No.-262 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Radheshyam Kumar @ Radheyshayam Singh S/O Late Ram Naresh Singh R/O Village- Krishnapur, P.S.- Nokha, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Barun P.S. Case No.202/2025, registered for the offences punishable under Sections 317(4), 317(5), 336(3), 340(2) and 318(4) of the B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Ajit was apprehended with a stolen bike and he disclosed that he had purchased the bike from Bittu, further Bittu disclosed that he had purchased the bike from Ranjan and Ranjan disclosed that he had purchased the bike from petitioner and it was found that owner of the bike was Ranvijay and when Ranvijay was contacted, he disclosed that his registered bike is

Patna High Court CR. MISC. No.18748 of 2026(3) dt.02-04-2026 2/3 with him, thus alleges that a gang is operating using the details of Ranvijay's bike by punching the details in some other bike.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on confession of apprehended accused in police custody which does not have any evidentiary value. It is next submitted that though in the FIR, it is alleged that Ranvijay disclosed that his registered bike is with him but then the police never asked Ranvijay to produce the said bike. It is also submitted that Annexure-2 has been annexed in the anticipatory bail application which is an affidavit showing that Ranvijay had sold his bike to Sarvjeet.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that in the nature of allegation as alleged, it appears that a gang is operating which indulges in committing theft of bike. It is next submitted that a motorcycle cannot be transferred to a third person by way of affidavit. It is next submitted that if what has been submitted by the learned counsel appearing on behalf of the petitioner is true, the same would transpired in the investigation and police will submit a final form but then investigation and questioning of the accused is required to establish the truth. It is also submitted that

Patna High Court CR. MISC. No.18748 of 2026(3) dt.02-04-2026 3/3 no averment has been made by the petitioner in the anticipatory bail application establishing the bonafide of the petitioner with regard to his profession.

6. Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. The anticipatory bail application of the petitioner is rejected.

(Satyavrat Verma, J) amit/- U T