Siya Ram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14985 of 2025 Arising Out of PS. Case No.-203 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Siya Ram Kumar Son of Arjun yadav village- Jahngirpur, Ps- Asthawan, DistNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Asthawan P.S. Case No. 203 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, three miscreants stopped the motorcycle of the Informant bearing Regd. No. BR21AD4614 and took out a knife and pointed the same at him. It is alleged that thereafter, one of the boys sat on the motorcycle and two boys together snatched one Redmi mobile from the Informant's hand including 50 rupees from his pocket and fled away with the Informant's motorcycle.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.14985 of 2025(2) dt.18-03-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner has not committed any offence as alleged in the F.I.R. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of the confessional statement of the co-accused Manish Kumar before the police which has no evidentiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. No T.I.P. has been conducted in this case. The petitioner has no concern with the co-accused Manish Kumar. The co-accused Vivek Kumar, from whose possession the looted motorcycle was recovered, has already been granted bail by the learned court below. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.11.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.
6. Having heard rival contention of both the parties
Patna High Court CR. MISC. No.14985 of 2025(2) dt.18-03-2025 3/3 and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Asthawan P.S. Case No. 203 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T