Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10411 of 2026 Arising Out of PS. Case No.-321 Year-2025 Thana- SINGHESHWAR District- Madhepura ====================================================== Bhushan Kumar Son of Late Subhaki Yadav Resident of Village- Ketawan Kataiya, P.S.- Singheshwar, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Pooja Prasad, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2026 Heard Ms. Pooja Prasad, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 303(2) and 317(2) of the B.N.S..
3. As per prosecution case, all the F.I.R. named accused persons, along with some unknown persons, committed theft of iron plates from the plant of informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during investigation.
Patna High Court CR. MISC. No.10411 of 2026(2) dt.09-04-2026 2/2 Moreover, the present F.I.R. has been lodged after inordinate delay of 7 days and there is no plausible explanation for the same which itself makes the entire prosecution case doubtful. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that during investigation, all the stolen articles were recovered from a tractor bearing Registration No. BR43GA5521 and this petitioner is driver of the said tractor and he left the tractor and fled away from the spot.
6. Considering the facts and circumstances of the case, specific and direct nature of accusation and materials that have surfaced during investigation, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T