Lav Kush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13862 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Lav Kush Kumar S/O Surendra Sharma R/O Village- Kalpa, P.S- Jehanabad (Kalpa O.P.), Distt.- Jehanabad.

2.

Indrajeet Kumar S/O Narendra Sharma R/O Village- Kalpa, P.S- Jehanabad (Kalpa O.P.), Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-05-2025 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in a case registered for the offence under Sections 317(5), 318(4) and 336(3) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioners are accused of riding a stolen motorcycle and trying to get it released from the Police Station saying that the said motorcycle belong to them.

4. Learned counsel for the petitioners submits that the petitioners are in custody since 02.01.2025 and they are accused in one case i.e., Gaya Kotwali P.S. Case No. 02 of 2025.

Patna High Court CR. MISC. No.13862 of 2025(3) dt.09-05-2025 2/3

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the nature of the crime and the period of custody, the application is allowed.

7. Accordingly, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad/concerned Court below in connection with Jehanabad P.S. Case No. 02 of 2025 subject to condition that:- (i). The petitioners will mark his attendance at the Jehanabad (Kalpa OP) Police Station on the first & third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii). Before accepting the bailbonds of the petitioners, the Court below will verify the fact as to whether the petitioners have more than one criminal antecedent or not. If the petitioners are found having criminal antecedent of one case i.e., Gaya Kotwali P.S. Case No. 02 of 2025, then the bail-bonds of the petitioners shall be accepted. If the petitioners are found having criminal antecedent except for

Patna High Court CR. MISC. No.13862 of 2025(3) dt.09-05-2025 3/3 Gaya Kotwali P.S. Case No. 02 of 2025, then their bail-bonds shall not be accepted by the Court below.

8. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U T