Patna High CourtCR. MISC./17371/2025bail granted

Rajan Kumar v. The State Of Bihar

2025-04-16Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17371 of 2025 Arising Out of PS. Case No.-463 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== Rajan Kumar Son of Late Binod Manjhi Resident of Village - Barki Padariya, P.S. - Bodhgaya, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate Ms. Amisha Prakash, Advocate Mr. Andlib Imrose, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Bodhgaya P.S. Case No. 463 of 2024, dated 22.09.2024, registered for the offences punishable under Sections 303(2), 62, 317(2), 338, 336(3) and 3(5) of B.N.S., 2023.

3. As per allegation, one stolen motorcycle has been recovered from the house of co-accused Sanjay Manjhi and as per his confessional statement, the petitioner is also involved in the commission of theft of the motorcycle.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.17371 of 2025(2) dt.16-04-2025 2/3 case. He further submits that nothing has been recovered from the possession of the petitioner and he is no way connected with the alleged offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Bodhgaya P.S. Case No. 463 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.17371 of 2025(2) dt.16-04-2025 3/3 below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T