Patna High CourtCR. MISC./21765/2025bail granted

Arjun Kumar v. The State Of Bihar

2025-04-23Mr. Justice Khatim Reza4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21765 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Arjun Kumar S/O Ram Chandra Rai @ Ram Chandra Ray R/O Village- Turki Khararu, P.S.- Meenapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshansh Shanker, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Tariyani P.S. Case No. 12 of 2025 dated 12.01.2025 registered for the offence punishable under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita.

3. The prosecution case, in short, is that on the date of occurrence the informant parked his Splendor motorcycle bearing Registration No. BR06B5340 at the door of his house and went inside to sleep. It is alleged that on the next day in the morning when he woke up he found his motorcycle missing and thereafter, upon search it transpired that his motorcycle has been stolen by unknown

2/4 thieves. It has come in the F.I.R. that in course of search of his bike, the informant further came to know from Mahesh Sharma of the village- Chotki Narwara that his motorcycle bearing Registration No. BR06DG4544 so parked on his door was also got stolen on the previous night by unknown thieves. It has also come in the F.I.R that subsequently the co-villager of informant Dinesh Kumar also stated to him that his vehicle bearing Registration No. BR06DJ8777 has also been stolen from the door of his house in the same period.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that only on the basis of suspicion the petitioner was arrested in another case i.e. Tariyani P.S. Case No. 13 of 2025 along with his motorcycle bearing Reg. No. BR06DR1231 dated 24.05.2024. The seized motorcycle belongs to the petitioner and the details of the other three motorcycles are different. It is submitted that the details of the recovery of the three motorcycles of the present case has been mentioned in the F.I.R. itself which was recovered from the road leading from village Aura to

3/4 Paharpur, adjacent to the wheat field of one Balak Rai. It is submitted that nothing has been recovered either from the conscious possession of the petitioner or from his house. Lastly, it has been submitted that the petitioner is in custody since 05.02.2025, having one criminal case against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheohar in connection with Tariyani P.S. Case No. 12 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

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3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) prabhat/- U T