Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12709 of 2025 Arising Out of PS. Case No.-280 Year-2024 Thana- SAKURABAD District- Jehanabad ====================================================== Chandan Kumar S/O Baliram Sharma Resident of Village- Narayanpur, P.S.- Shakurabad, District- Jehanabad, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shakurabad P.S. Case No. 280 of 2024 instituted for the offences under Sections 303(2), 317(3), 317(4) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, police on the basis of secret information that some persons were involved in dealing stolen mobile phones, raided the place of occurrence and apprehended three accused persons including this petitioner. It is further alleged that one mobile phone was recovered from

Patna High Court CR. MISC. No.12709 of 2025(2) dt.05-03-2025 2/3 this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case only on suspicion. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that mobile which has been recovered from the possession of the petitioner belongs to him and in support of the same he has annexed the payment receipt of the said mobile phone at Annexure-P/2 to this petitioner. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.10.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shakurabad P.S.

Patna High Court CR. MISC. No.12709 of 2025(2) dt.05-03-2025 3/3 Case No. 280 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T