Avdhesh Sahani @ Avdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27761 of 2026 Arising Out of PS. Case No.-251 Year-2016 Thana- KALYANPUR District- East Champaran ====================================================== Avdhesh Sahani @ Avdhesh Kumar Son of Ramchandra Sahani R/O VillageLaxmipur Bahilwara, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Kalyanpur P.S. Case No. 251 of 2016 registered for the offences under Section 379 of the Indian Penal Code.

3. As per prosecution case, tractor of the informant was stolen by unknown thieves and the name of the petitioner transpired during investigation for being involved in the said occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating has been has been recovered from the person or possession of this petitioner, who was not present

Patna High Court CR. MISC. No.27761 of 2026(2) dt.30-04-2026 2/2 at the place of occurrence and was not involved in the said occurrence. The name of the petitioner transpired during investigation on the basis of confessional statement of coaccused Majhar Mian and apart from that there is no material to show the involvement of the petitioner. The petitioner has criminal antecedent of three cases of similar nature.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner has been declared absconder and process under Section 84 of BNSS has been issued. Learned APP further submits that the petitioner has criminal antecedent of three cases of similar nature.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the criminal antecedent of the petitioner along with nature of allegation against him, I am not inclined to enlarge the petitioner on anticipatory bail and hence, his prayer for anticipatory bail is rejected.

(Arun Kumar Jha, J) DKS/- U T