Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9613 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- CHAPRA KACHARI RAIL P.S. DistrictSaran ====================================================== Anish Kumar Son of Late Jitendra Baitha @ Jitendra Kumar Rajak R/o -Shilpi Chowk Ward No 26 PS -Town Thana Distt -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chhapra GRPS P.S. Case No. 24 of 2024 instituted for the offence under Sections 401, 414 & 34 of the Indian Penal Code. 3.

In a suspicious condition, petitioner was apprehended by the police personnel and on search, there is recovery of one laptop, one mobile phone and one knife from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-02-2024. Petitioner bears seven criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.9613 of 2025(2) dt.24-02-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. It is alleged that recovered articles were stolen one, but in fact, the same was given to the petitioner by another co-accused person. There is no compliance of Section 100 of the Cr.P.C. It is next submitted that police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Chhapra GRPS P.S. Case No. 24 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.9613 of 2025(2) dt.24-02-2025 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T