Boby Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17218 of 2026 Arising Out of PS. Case No.-137 Year-2025 Thana- CHAUTHAM District- Khagaria ====================================================== Boby Kumar S/o- Shalendar Ray Resident of Chautham PS- Chautham District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Chautham P.S. Case No. 137 of 2025 registered for the offence punishable under Section 303(2) of the B.N.S.

3. The case of the prosecution in short is that some unknown miscreants have lifted the bike of this petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has further submitted that petitioner has been remanded in this case from Chautham P.S. Case No. 134 of 2025. Learned counsel for the petitioner has further submitted that police has also extracted confessional

Patna High Court CR. MISC. No.17218 of 2026(2) dt.18-03-2026 2/3 statement of the petitioner. Save and except the confessional statement, there is nothing against the petitioner. From perusal of the order of the learned trial court it transpires that informant's motorcycle was recovered from the petitioner but from perusal of the seizure list it shows that the recovery was made behind the shop of Ritesh Kumar from a maize field. Learned counsel for the petitioner has submitted that the petitioner is neither Ritesh Kumar nor the maize field belongs to him. The witnesses of the seizure list are police personnel. Learned counsel for the petitioner has lastly submitted that the petitioner is in judicial custody since 23.09.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of five cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall co-operate in the trial and shall remain physically present on each and every date and shall also mark his weekly attendance at Chauthan P.S. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.17218 of 2026(2) dt.18-03-2026 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Chautham P.S. Case No. 137 of 2025.

(Ashok Kumar Pandey, J) durgesh/- U T