Vikrant @ Karu Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10661 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Vikrant @ Karu Chauhan S/o- Late Kamesh Chauhan Village- Saloia Karma Ps- Nabinagar Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21219 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Rahul Mehta @ Rahul Kumar Son of Kundan Mehta Resident of Village - Dhundhua, P.S. - NTPC Khaira, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 10661 of 2025) For the Petitioner/s :
Mr. Kamlendra Prasad Singh For the Opposite Party/s :
Mr. Rita Verma (In CRIMINAL MISCELLANEOUS No. 21219 of 2025) For the Petitioner/s :
Mr. Parwej Khan For the Opposite Party/s :
Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Both applications have arisen out of same incident and police station case; therefore, they are being heard together and disposed of by the common order.
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Heard learned counsel for the petitioners and learned APP for the State.
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3. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 310(2)of BNS Act.
4. The prosecution case, in brief, is that on the alleged date of occurrence, 10-12 unknown persons alleged to have forcibly taken three batteries, 600 litre diesel and one drum on the point of pistol from the campus of ADS Company.
5. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in the present case. Neither the petitioners are named in F.I.R. nor they has been put on T.I.P. The name of petitioners sprang up in this case on the basis of confessional statement of co-accused Akash Kumar, who has already been granted bail vide order dated 22.03.2025, passed in Cr. Misc. No. 4333 of 2025, by the co-ordinate Bench of this Court. It is further submitted that on the alleged seizure list (Annexed at page 23), signature of petitioners or their family is not mentioned. So,
3/4 proper procedure of search and seizure has not been followed in this case by the Investigating Officer. Moreover, the petitioners are languishing in judicial custody since 30.10.2024 and 10.12.2024 respectively. After completion of investigation, charge-sheet has been submitted in this case.
6. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
7. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail, after framing of charge, if not framed, in connection with N.T.P.C. Khaira P.S. Case No. 56 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Aurangabad, with following conditions:- (i) Petitioners shall co-operate in the trial and shall be present on each
4/4 and every fixed date and on their absence, on two consecutive dates, without sufficient reason, their bail bonds may be cancelled by the learned trial Court.
(ii) One of the bailors should be close relative or family member of the petitioners. (S. B. Pd. Singh, J) Nirajkrs/- U T