Prakash Babu @ Prakash Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7965 of 2026 Arising Out of PS. Case No.-765 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Prakash Babu @ Prakash Dev S/O Ajay Dev R/O Gangora Bihra, Ward no. 8, Pachgachhia, P.O. and P.S.- Bihra, Dist.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Anand, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-04-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Supaul P.S. Case No.765 of 2020 lodged on 14.11.2020, for the offences punishable under Section 392 of the IPC and later on section 411 of the IPC.

3. As per the prosecution, FIR has been lodged against three unknown accused persons with allegation of loot of motorcycle has been made against them.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR and his name has figured in this case only by virtue of confessional statement of co-accused, namely, Raushan Kumar from whose

Patna High Court CR. MISC. No.7965 of 2026(3) dt.01-04-2026 2/3 possession, the looted motorcycle in which his SIM number was under use, has been recovered.

5. Counsel submits that the criminal antecedent of the petitioner is clean and nothing has been recovered from his possession nor he involved in commission of crime.

6. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

7. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner's antecedent is clean.

8. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.765 of 2020, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023 with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his

Patna High Court CR. MISC. No.7965 of 2026(3) dt.01-04-2026 3/3 bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself.

(iii) the petitioner's involvement in such type of cases, shall be resulted into cancellation of his bail bond. (Dr. Anshuman, J) Prakashmani/- U T