Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36668 of 2026 Arising Out of PS. Case No.-33 Year-2026 Thana- Arwal District- Arwal ====================================================== Abhay Kumar, aged about 21 years, Gender, Male, S/O Raj Kumar Sao @ Ramadhar Prasad, Resident Of Village- Arwal Sipah, P.S- Arwal, Dist.- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 305(b), 303(2), 317(2) and 112 of the BNS.

3. As per allegation in the FIR, it is a theft of vehicle battery by the petitioner and the same was sold to a scrap shop owner, namely, Rahul Raj.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner has no knowledge about the theft of vehicle battery and nothing has been recovered from the house or possession of the petitioner and he has been implicated in this

Patna High Court CR. MISC. No.36668 of 2026(3) dt.28-07-2026 2/2 case due to local politics and police conspiracy. Petitioner is in custody since 24.01.2026.

5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that the petitioner has committed theft of vehicle battery.

6. On perusal of the first information report and impugned order dated 22.04.2026, it appears that petitioner has got two criminal antecedent and also appears that two cases related to theft are already pending against him and several witnesses have also supported the case of the prosecution, so I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. Petitioner is directed to renew his prayer for bail before this Court after completion of one year in custody. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T