Patna High CourtCR. MISC./23082/2025bail granted

Badal Kumar v. The State Of Bihar

2025-04-29Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23082 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- PHULWARIA District- Begusarai ====================================================== Badal Kumar S/o Late Bramhdeo Mahto R/o Village- Garahara, Ward No.03, P.S.- Garahara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwaria P.S. Case No. 01 of 2025 dated 02.01.2025 registered for the offences punishable u/ss 309(6), 311, 111(1), 317(3) of the B.N.S. and Section 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the petitioner along with the other co-accused persons used to sell vehicles illegally at high price after looting the same from their drivers and owners. It is further alleged that the petitioner and the coaccused persons were apprehended on the spot by police. On search, one country made pistol, one live cartridge and a mobile

Patna High Court CR. MISC. No.23082 of 2025(2) dt.29-04-2025 2/3 phone were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The co-accused person has already been granted bail by this court vide order dated 21.04.2025 passed in Cr. Misc. No. 18025/2025. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Phulwaria P.S. Case No. 01 of 2025 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.23082 of 2025(2) dt.29-04-2025 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T