Rajnish Yadav @ Uday Kumar @ Rajul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29854 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- BIHAR District- Nalanda ====================================================== Rajnish Yadav @ Uday Kumar @ Rajul S/O Subhash Yadav R/O Ahiyachak, Post- Bind, P.S.- Bind, Dist.- Nalanda. Pin- 803107 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Shweta Singh, Adv.
For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner is apprehending arrest in connection with Bihar Sharif P.S. Case No. 06 of 2025 registered for the offences punishable under Sections 318, 338,336(3), 305(6), 3(5) of B.N.S.
3. As per prosecution case, during course of vehicle checking, one Tarun Kumar was apprehended with a motorcycle. On demand, he could not produce any valid paper for keeping the motorcycle. The said Tarun Kumar disclosed the name of the present petitioner as person with whom he had stolen the said motorcycle about two years back.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.29854 of 2025(2) dt.14-05-2025 2/3 in the first information report and he has been falsely implicated in this case. Except disclosure of co-accused Tarun Kumar, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from possession of the petitioner. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bihar Sharif in connection with Bihar Sharif P.S. Case No. 06 of 2025, subject to the conditions as laid down under section 482(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.29854 of 2025(2) dt.14-05-2025 3/3
7. The application stands allowed.
(Alok Kumar Pandey, J) mcverma/- U T