Sampat Kumar @ Sanpat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2377 of 2025 Arising Out of PS. Case No.-426 Year-2024 Thana- MADANPUR District- Aurangabad ====================================================== Sampat Kumar @ Sanpat Kumar S/O Mahendra Malakar R/O Village- Akoni, P.S- Rafiganj, District- Aurangabad, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari, Adv For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Madanpur P.S Case No. 426/2024 registered for the offences punishable under Sections 303(2), 317(5), 317(2) of B.N.S.

3. As per allegation in the FIR, petitioner has stolen the tractor of the informant bearing Registration No. BR-26GB5398 when he has parked his tractor near PACS godown.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR as FIR has been registered against unknown accused persons. Moreover, informant has lodged the FIR when people caught him and assaulted him. As per the confession of the petitioner, he was

Patna High Court CR. MISC. No.2377 of 2025(3) dt.09-04-2025 2/2 provided the traction by one Avinash Kumar who said that he is the owner of the alleged tractor had given the tractor to deliver to someone else which show that petitioner has not stolen the alleged vehicle rather he was misguided. It is also submitted that petitioner is in judicial custody since 22.10.2024 possess one criminal antecedent of similar nature.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 22.10.2024, it appears that the alleged tractor bearing Registration No. BR-26GB-5398 has been recovered from the possession of the petitioner and when he was asked for proper documents, he was unable to provide. He also possess one similar criminal antecedent, therefore, considering all aspects of the matter and submissions made on behalf of the learned counsel for the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

8. However, petitioner is at liberty to renew his prayer for bail after completion of one year in custody before the Trial Court. (Ramesh Chand Malviya, J) Sunnykr/- U