Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16264 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- LAURIA District- West Champaran ====================================================== Rajeev Kumar S/o Gopi Prasad r/o Village- Illam RamChowk, ward no.12,P.S- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Lauriya P.S. Case No. 19 of 2025 instituted for the offences under Sections 334(1), 303(2), 3(5) of the BNS. 3.

Prosecution case, in short, is that five unknown miscreants committed theft in the shop of the informant after breaking the shutter and took away 160 bags rice, cash box amounting to Rs. 1,53,000/-.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.16264 of 2025(3) dt.16-05-2025 2/3 co-accused, namely, Tapeshwar Chaudhary. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the recovery of the 62 sacks of rice have been allegedly made from the petitioner. In this regard, learned counsel for the petitioner submits that the petitioner is registered dealer and owner of Sagun Enterprises and the rice bags were purchased by the petitioner from different sellers. Learned counsel further submitted that chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.01.2025 and has no criminal antecedent. Other co-accused has been enlarged on bail by this Court vide order dated 08-04-2025, passed in Cr. Misc. No. 18433 of 2025. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.16264 of 2025(3) dt.16-05-2025 3/3 each to the satisfaction of Court below/concerned Court in connection with Lauriya P.S. Case No. 19 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T