Kumar Prashant Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21893 of 2025 Arising Out of PS. Case No.-663 Year-2021 Thana- TEKARI District- Gaya ====================================================== Kumar Prashant Patel S/O Mohar Singh R/O Village- Bheria, P.S- Chandi, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Tekari (Mau O.P.) Police Station Case No. 663 of 2021, disclosing offences under Sections 457, 380, 511 and 34 of the Indian Penal Code.

3. As per the First Information Report, on 16.02.2021, at about 23:00 hours, the informant was on patrolling duty. At about 1 am, when the informant reached near Chitokhar Bazar at Surender General Store, he saw a bullet motorcycle was parked near store and three persons were standing near it. Upon seeing the police party, they started fleeing away and succeeded in the same. The informant and police party saw that some bricks from the wall of General

Patna High Court CR. MISC. No.21893 of 2025(2) dt.30-04-2025 2/3 Store were broken. The bullet motorcycle bearing registration number UP85AV1220 was seized by the police.

4. Learned Counsel for the petitioner submits that petitioner has been made accused in the present case on the basis of the fact that the motorcycle seized by the police belongs to him. He further submits that motorcycle was borrowed by his friend Abhyas Kumar, whose house is situated near the place of occurrence and the motorcycle was parked near the house of Abhyas Kumar. Abhyas Kumar has submitted an affidavit to this effect also. The petitioner is having no criminal antecedent and he has been made accused merely on the basis of suspicion.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the justification given by the petitioner and the fact that petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.21893 of 2025(2) dt.30-04-2025 3/3 Magistrate VI, Gaya, in connection with Tekari (Mau O.P.) Police Station Case No. 663 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T