Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78091 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Chandan Sah S/O Jairam Sah Resident of Village- Rajasan, P.S- Bidupur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-12-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bidupur Police Station Case No. 106 of 2025, dated 10.02.2025, disclosing offences punishable under Sections 303(2)/324(5) of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 17.01.2025 and 25.01.2025, some unknown thieves have stolen about 4.5 kms. of electric transmission wire, due to which the department has incurred loss of Rs. 17,58,000/-.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of confessional statements of co-

Patna High Court CR. MISC. No.78091 of 2025(2) dt.24-12-2025 2/3 accused Mithilesh Kumar and Ranjay Kumar, who disclosed that they sold the theft wire to the petitioner and others, who run the scrap shop. He further submits that nothing has been recovered from the shop of premises of the petitioner and the co-accused Ranjay Kumar has disclosed his name due to old family dispute.

5. I have heard learned counsel for the parties and have perused the material available on record, including the impugned order.

6. From perusal of the impugned order, it transpires that the petitioner is accused in three other criminal cases of similar nature and in connection with Bidupur Police Station Case No. 852 of 2024, the police has recovered electric aluminum wire from the scrap shop situated beside the house of the petitioner and the case is under investigation.

7. Considering the above, I do not find any reason to differ with the findings arrived at by the learned Principal Sessions Judge, Vaishali, at Hajipur, inasmuch as the case is under investigation, wherein the custodial interrogation of the petitioner may be necessary based upon the material collected by the police during course of

Patna High Court CR. MISC. No.78091 of 2025(2) dt.24-12-2025 3/3 investigation. As such, I am not inclined to grant anticipatory bail to the petitioner.

8. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √