Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23193 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Badal Kumar S/o- Pravin Ray @ Pravin Kumar Rai Resident of VillageSamartha PS- Bibhutipur District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. Let the defect(s) as pointed out by the office, notes dated 13.05.2025 be ignored.

3. The petitioner has preferred this application for grant of regular bail in connection with Bibhutipur P.S. Case No. 270 of 2024 dated 25.08.2024 registered for the offences punishable u/s 317(5) of the Bhartiya Nyaya Sanhita.

4. As per the prosecution case, the petitioner and the co-accused person were apprehended with the stolen Electrical Motor.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.23193 of 2025(5) dt.20-06-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The electric motor was recovered from an open place and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 18.01.2025 passed in Cr. Misc. No. 85401/2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 26.08.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 270 of 2024.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T