Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5655 of 2025 Arising Out of PS. Case No.-373 Year-2024 Thana- RIGA District- Sitamarhi ====================================================== Rahul Kumar Son of Deep Lal Sah Resident of Village-Ramnagara, Ward No. 13, PS- Riga, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Adv.

For the Opposite Party/s :

Mr. Meena Singh, App.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-07-2025

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 Riga Police Station Case No. 373 of 2024, disclosing offences under Sections 317(4), 317(5) of the BNS, 2023.

3. As per the prosecution case, on 27.10.2024 at around 9:30 A.M., based on secret information about a stolen motorcycle, the informant along with other police personnel, conducted a raid at the house of accused petitioner in Ram Nagara, Shankar Chowk, Ward No. 13. A motorcycle concealed under a gunny bag was recovered. The accused's mother informed the police that petitioner had purchased the motorcycle and was currently absconding due to his involvement in Riga P.S. Case No. 360 of 2024 under Section 30(A) of the Excise Act. She also admitted that the motorcycle was stolen property

Patna High Court CR. MISC. No.5655 of 2025(5) dt.23-07-2025 2/2 and that the petitioner was engaged in illegal trade of stolen motorcycles.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case due to suspicion. Nothing has been recovered from the conscious possession and or premises belonging to the petitioner. The alleged recovery of motorcycle was not made from the house of the petitioner but from beside the house of the petitioner. Petitioner has been made accused on the basis of his past criminal history.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having three criminal antecedents of similar nature of offences, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T