Abhishek Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19970 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- KHAGARIA RAIL PS CASE DistrictKhagaria ====================================================== Abhishek Kumar Gupta Son of Sunil Kumar Gupta @ Sunil Prasad Thatheri Resident of Village - Narayanpur Madhurapur Bazar, Ward No.- 13, P.S.- Bihpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2025 Heard Mr. Amrendra Kumar, learned counsel for the petitioner and Mr. Suresh Prasad Singh, learned APP for the State.

2. Petitioner seeks regular bail in connection with Khagaria Rail P.S. Case No. 101/ 2024 dated 07.11.2024 registered for the offence(s) punishable under Section(s) 305(c), 317(2) and 317(5) of the BNS .

3. The main submissions advanced by learned counsel for the petitioner are that the alleged offences are triable by the court of Magistrate and the instant matter relates to theft of mobile phone of the informant and it has been alleged that from trouser's pocket of the petitioner three mobile phones were recovered when on suspicion search was made by the informant himself and others and, accordingly, the stolen mobiles were recovered by a private person and not by the police. It is further submitted that against the petitioner, there are criminal antecedents of four cases but he is on bail in the said cases and

Patna High Court CR. MISC. No.19970 of 2025(2) dt.25-04-2025 2/2 in the present matter, investigation against the petitioner has been completed and he has been languishing in jail since 08.11.2024.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Heard both the sides and perused the FIR.

6. Though, against the petitioner there are criminal antecedents of four cases and all the cases are of similar nature relating to theft and the instant matter also relates to theft of mobile phone of the informant, however, considering his custody period as well as completion of investigation against him, this court is inclined to release the petitioner on regular bail. Accordingly, let the petitioner named-above be released on bail in connection with Khagaria Rail P.S. Case No. 101/ 2024 on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned with the condition that the petitioner shall be released on bail after framing of the charge. (Shailendra Singh, J) BKS/- U T