Samod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11147 of 2025 Arising Out of PS. Case No.-227 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md. Junaid Hussan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 13046 of 2025 Arising Out of PS. Case No.-227 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Samod Kumar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 11147 of 2025) For the Petitioner/s :
Mr.Arun Kumar, Adv For the Opposite Party/s :
Mr.Lalan Kumar, APP (In CRIMINAL MISCELLANEOUS No. 13046 of 2025) For the Petitioner/s :
Mr.Vasant Vikas, Adv For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Hajipur Sadar (Kajipur O.P.) P.S Case No. 227 of 2024 dated 10.04.2024 registered for the offences punishable under Sections 379 of 328 of the Indian Penal Code.
3. As per the prosecution case, the informant is the
Patna High Court CR. MISC. No.11147 of 2025(3) dt.13-05-2025 2/3 owner of the Bolero Pick-Up Van bearing Registration No. BR01GF-7518 and his vehicle was stolen by some unknown persons after giving intoxicant to the driver. The informant came to the spot with the help of GPS, he reached there and found the Driver.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioners have been remanded in the present case on 04.09.2024 from Hajipur Sadar P.S. Case No. 397 of 2024. No incriminating article has been recovered from their possession. Their names have surfaced in the present case on the basis of the confessional statement of the co-accused. He further submits that other co-accused persons have been granted bail vide order dated 17.04.2025 passed in Cr. Misc. No. 8586 of 2025. It is also submitted that petitioner is in judicial custody since 04.09.2024. Petitioner of first cases possess two criminal antecedent and petitioner of second case possess three criminal antecedent.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 09.01.2025, it appears that nothing incriminating has been
Patna High Court CR. MISC. No.11147 of 2025(3) dt.13-05-2025 3/3 recovered from the possession of the petitioner and also considering the fact that one of the co-accused has been granted bail by the co-ordinate Bench of this Court and considering the submissions made on behalf of the learned counsel for the petitioner, let the above named petitioners 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 learned C.J.M. Vaishali at Hajipur in connection with Hajipur Sadar (Kajipur O.P.) P.S Case No. 227 of 2024.
(Ramesh Chand Malviya, J) Sunnykr/- U