Rajeev Sutihar @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21747 of 2025 Arising Out of PS. Case No.-563 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Rajeev Sutihar @ Rajeev Kumar Son of Dinesh Sutihar @ Dinesh Sharma R/o Village- Shahpur (Sahpur) Ward No. 07, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Madhepura (Parmanandpur O.P.) P.S. Case No. 563 of 2024 registered on 25.05.2024 for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, three persons riding a motorcycle overtook the motorcycle of the informant on which the informant was riding with his wife and started assaulting him and snatched his mobile phone, Rs. 4500/- and the keys of the motorcycle. When the informant opposed, one miscreant took out his pistol and hit on the head of the informant with butt of the pistol. When the informant and his wife raised alarm, people from nearby assembled there, the miscreants started

Patna High Court CR. MISC. No.21747 of 2025(3) dt.06-08-2025 2/3 fleeing away from the spot and one of them was apprehended and two other miscreants fled away leaving behind the motorcycle. Apprehended person is the petitioner who also fled away in the meantime but before the police reached the spot.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. The seized motorcycle belongs to the father-in-law of the petitioner and entire allegation levelled against the petitioner is absurd. Petitioner is in custody since 19.12.2024 and charge-sheet has been submitted. Petitioner is having antecedent of one case in which he has been acquitted by the learned trial court.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.21747 of 2025(3) dt.06-08-2025 3/3 Magistrate, Madhepura/concerned court in connection with Madhepura (Parmanandpur O.P.) P.S. Case No. 563 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T