Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19644 of 2025 Arising Out of PS. Case No.-700 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Prince Kumar Son of Gopal Singh Resident of Village - Nakain, Police Station - Barun, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Chandna, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Aurangabad (Town) P.S. Case No. 700 of 2024 instituted for the offences under Section 303(2) of the Indian Penal Code.

3. As per prosecution case, some unknown thieves have stolen the motorcycle of the Informant bearing Regd. No. JH03U 3985.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has transpired in the confessional statement of the co-accused Nikhil

Patna High Court CR. MISC. No.19644 of 2025(2) dt.10-04-2025 2/3 Kumar recorded before the police which has no evidentiary value in the eye of law and, except confessional statement of the co-accused, there is nothing adverse against the petitioner. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 10.12.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad (Town) P.S. Case No. 700 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.19644 of 2025(2) dt.10-04-2025 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T