Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27885 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Vivek Kumar S/o Ashok Paswan R/o Village- Tajpur Buzurg, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Rajpakar P.S. Case No. 55 of 2025, registered for the offences under Sections 338, 336(3), 340(2), 317(4), 317(5) and 3(5) of the B.N.S.

3. As per the prosecution case, co-accused Sunny Kumar was apprehended with stolen motorcycle who disclosed that this petitioner gave him the motorcycle.

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 person or possession of this petitioner. Except for the confessional statement of co-accused, there is no other

Patna High Court CR. MISC. No.27885 of 2025(2) dt.07-05-2025 2/3 material to connect the petitioner with the offences or the stolen property. The mother of the petitioner is elected Prkhand Pramukh at Mahua Block, Vaishali and co-accused Sunny Kumar is having inimical terms with her and for this reason he has falsely implicated this petitioner. The petitioner is in custody since 12.02.2025 and he has no criminal antecedent.

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

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering his clean antecedent and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Vaishali at Hajipur/concerned court, in connection with Rajpakar P.S. Case No. 55 of 2025, subject to the condition laid down under 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

Patna High Court CR. MISC. No.27885 of 2025(2) dt.07-05-2025 3/3 each and every date fixed by the court below, if so required by the learned trial court.

(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) Anuradha/- U T