Harinarayan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24354 of 2026 Arising Out of PS. Case No.-595 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Harinarayan Gupta Son of Ramnaresh Sah Resident of Village- Madar @ Madarpur, P.S.- Bijaipur @ Vijaipur, Distt.- Gopalganj, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parth Sarthy, Advocate Ms.Priya Raj, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered under Sections 461, 379 and 411 of the I.P.C.

3. As per prosecution case, co-accused, Bablu Yadav, entered into the shop of the informant and looted articles from the shop but was apprehended and he disclosed the name of the petitioner who managed to flee away from the place of occurrence.

4. Learned counsel for the petitioner submits that it would be evident from the First Information Report itself that there is only one person who was found fleeing away from the shop of the informant who was identified as Pappu Yadav from the CCTV footage and upon his apprehension, it is stated that he disclosed the name of the petitioner. It is, thus, submitted that barring the statement

Patna High Court CR. MISC. No.24354 of 2026(2) dt.01-05-2026 2/3 of the co-accused, Pappu Yadav, that this petitioner had also facilitated his fleeing away, there is no other allegation. Recovery of the looted articles has also been made from the apprehended coaccused.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State saying that petitioner has criminal antecedent. However, in response, it is submitted that there is only one case of similar nature and the petitioner is on bail in all the cases..

6. Taking into consideration the facts and circumstances and also considering that the name of the petitioner has transpired on the disclosure statement of the apprehended co-accused with no recovery from him, let the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bhorey P.S. Case No. 595 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the conditions that:- (i) One of the bailors would be close relative/family members of the petitioner.

(ii) The petitioner will cooperate in the investigation and

Patna High Court CR. MISC. No.24354 of 2026(2) dt.01-05-2026 3/3 trial and in case of any act of non-cooperation, the prosecution would be at liberty to move an application for cancellation of bail bonds of the petitioner.

(Soni Shrivastava, J) vashudha/- U T