Patna High CourtCR. MISC./4644/2025bail granted

Piyush Kumar @ Raja Kumar v. The State Of Bihar

2025-02-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4644 of 2025 Arising Out of PS. Case No.-596 Year-2024 Thana- BEUR District- Patna ====================================================== Piyush Kumar @ Raja Kumar S/o Upendra Prasad Yadav @ Upendra Prasad R/o Shivdayal Bigha, P.S.- Nagar Nawada, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Beur P.S. Case No. 596 of 2024 dated 02.10.2024 registered for the offences punishable u/ss 126(2), 115(2), 109, 303(2), 317(4), 317(5), 336(3), 340(2), 132 read with 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, the informant along with his associates were on patrolling, they received an information from a constable Deepak Kumar that at Sipara More SBI ATM, two boys were trying to mishandle the ATM. Accordingly, they proceeded there then the accused persons protested and assaulted police but they apprehended two persons

Patna High Court CR. MISC. No.4644 of 2025(2) dt.06-02-2025 2/3 and on search ATM Cards, marker pen, fevi gum etc. was recovered. The petitioner and the co-accused persons disclosed their name before police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. As per the injury report of the injured, the injury is simple in nature. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that one broken ATM Card, Pilas and a keypad mobile were recovered from the possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna Sadar in connection with Beur P.S. Case No. 596 of 2024 with the condition :- (i) The petitioner is directed to remain physically present

Patna High Court CR. MISC. No.4644 of 2025(2) dt.06-02-2025 3/3 before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T