Prince Kumar @ Prince Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13389 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Prince Kumar @ Prince Yadav Son Dinesh Yadav Resident of VillageKatwasa, Police Station- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Cr. Misc. Application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Bahera P.S. Case No. 354 of 2024, dated 10.09.2024, lodged under Sections 303(2) & 317(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioner, who are alleged to have stolen the motor pumps of the informant.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13389 of 2025(2) dt.28-03-2025 2/2 petitioner is innocent and has committed no offence. Counsel further submits that the petitioner's name has figured in this case by virtue of the confessional statement of the co-accused. Counsel further submits that the stolen article has not been recovered from the petitioner's possession. Counsel also submits that the criminal antecedent of the petitioner is not clean, there is one criminal case pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Addl. Chief Judicial Magistrate, Benipur, Darbhanga, in connection with Bahera P.S. Case No. 354 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T