Achelal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15932 of 2025 Arising Out of PS. Case No.-420 Year-2024 Thana- AMNAUR District- Saran ====================================================== 1.

Achelal Kumar S/o Jagadish Ram R/o vill- Khaspatti, P.S.- Amnour, Distt.- Saran 2.

Pawan Ram S/o Jagnarayan Ram R/o vill- Khaspatti, P.S.- Amnour, Distt.- Saran 3.

Dhiraj Kumar S/o Ashok Ram R/o vill- Khaspatti, P.S.- Amnour, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Amnour P.S. Case No. 420 of 2024 instituted for the offences under Sections 317(2), 317(4), 317(5), 338, 336(2), 340(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that co-accused Rajnish Kumar has stolen five motorcycles and sold the same to the other persons including the petitioners.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.15932 of 2025(2) dt.20-03-2025 2/3 No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have purchased the motorcycles in question from the co-accused Rajneesh Kumar. Learned counsel further submitted that petitioners were not aware that the motorcycles in question were stolen property. It has been submitted on behalf of the petitioners that the petitioners are in custody since 16.12.2024 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amnour P.S. Case No. 420 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.15932 of 2025(2) dt.20-03-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T