Tapeshwar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18433 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- LAURIA District- West Champaran ====================================================== Tapeshwar Chaudhari S/o Mithu @ Mithu Chaudhary R/o vill - Tumkadiya Siswa Sareya O.P., Ojhwaliya, P.s.- Bairiya, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

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 CCTV footage. No

Patna High Court CR. MISC. No.18433 of 2025(2) dt.08-04-2025 2/2 incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the recovery of the theft articles has been made from co-accused Rajiv Kumar. 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.

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 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 Lauriya P.S. Case No. 19 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T