Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20560 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Bipin Kumar Son of Mahendra Rai Resident of Village - Rajapakar, Police Station - Rajapakar, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Rajapakar P.S. Case No. 03 of 2025 registered for the alleged offences under Sections 317(4), 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, police received information about petitioner and other co-accused persons, the members of a gang of thieves, coming on black colour Pulsar stolen motorcycle. The said motorcycle was intercepted and petitioner and other other co-accused persons were apprehended. They did not produce any valid document for the motorcycle.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20560 of 2025(2) dt.23-04-2025 2/3 petitioner is innocent and has been falsely implicated in this case. From the FIR it is clear that the motorcycle was being driven by co-accused Ajit Kumar and the petitioner is merely a pillion. But the petitioner has taken lift from the co-accused and he was not having any knowledge about motorcycle being stolen. Nothing incriminating has been recovered from the search of this petitioner who is in custody since 07.01.2025 and charge sheet has been submitted. The petitioner has got one criminal antecedent under Bihar Prohibition and Excise Act in which petitioner is on bail.

5. Learned APP 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 and submission of charge sheet, the petitioner above named is directed to 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 learned Judicial Magistrate, Ist Class -cum- Additional Munsif7th, Vaishali, Hajipur/concerned Court in connection with Rajapakar P.S. Case No. 03 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following

Patna High Court CR. MISC. No.20560 of 2025(2) dt.23-04-2025 3/3 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) DKS/- U T