Tudu Kumar @ Tutu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7728 of 2026 Arising Out of PS. Case No.-490 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Tudu Kumar @ Tutu Kumar Son of Dinesh Ram @ Dineshi Ram Resident of Village - Mahabalipur, Ward No.- 12, P.S.- Paliganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Rai, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-02-2026 Heard Mr. Abhishek Rai, learned counsel for the petitioner and Mr. Uday Chand Prasad, learned APP for the State.

2. The petitioner has prayed for bail in connection with Paliganj P.S. Case No. 490 of 2025 registered for the offence punishable under Sections 317(4), 317(5), 318(4), 3(5) of the B.N.S., 2023.

3. The case of the prosecution, in short, is that the petitioner was found in possession of a stolen bike and he could not furnish documents for the bike, whereas the petitioner has disclosed that he has taken the bike from one Biru Kahar.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.7728 of 2026(2) dt.12-02-2026 2/2 case. He also submits that nothing has been recovered from the possession of this petitioner. As per the FIR, the main thrust of the allegation is against Biru Kahar from whom this petitioner has obtained the said bike. The witnesses of the seizure list are police personnel, and the police has not complied with Section 105 of the BNSS, while making the seizure. He further submits that the petitioner is languishing in judicial custody since 08.10.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur in connection with Paliganj P.S. Case No. 490 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T