Bittu Roy @ Bittu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4392 of 2025 Arising Out of PS. Case No.-281 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Bittu Roy @ Bittu Rai S/O Ram Padarath Rai Resident of Village- Naya Tola Chakia, P.S- Chakia, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 281 of 2024 instituted for the offences under Sections 303(2), 317(2) of the B.N.S.S. and Section 136 of the Bihar Electricity Act.

3. As per prosecution case, the police, on receipt of information given by Rajiv Choudhary regarding theft of 11 KV wire, reached at the place of occurrence and arrested the petitioner along with vehicle bearing Regd. No. BR09GB7069 loaded with 11 bundle wire, angle, nut, bolt etc., causing loss to the NBPCL to the tune of approx Rs. 2.2 lacs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.4392 of 2025(3) dt.23-04-2025 2/2 The petitioner is the driver of the seized vehicle and had no knowledge of the stolen articles being loaded on the vehicle. The petitioner has no concern with the alleged occurrence. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 16.09.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. Case No. 281 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T