Shailendra Kumar Yadav @ Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25791 of 2025 Arising Out of PS. Case No.-646 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== Shailendra Kumar Yadav @ Atul Kumar Son of Late Harihar Rai villageShiv Nagari Ps- Chapra Muffasil, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.

2. It is the first regular bail application submitted by the petitioner who has been arrested in connection with Town Chapra Nagar P.S. Case No. 646 of 2024 for the alleged offences punishable under Section 303 (2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. According to the case of prosecution, on 27.10.2024 at about 11:00 P.M. some unknown person had stolen the motorcycle of the complainant bearing no. BR 06 AL 2344, FIR has been lodged by the complainant during the course of investigation the said stolen motorcycle was recovered from the possession of the present applicant.

4. It is submitted by the counsel for the petitioner that the petitioner is innocent and is falsely implicated in this case. He further submits though there are four criminal antecedent of the applicant ,

Patna High Court CR. MISC. No.25791 of 2025(2) dt.02-05-2025 2/2 the last criminal antecedent was of the year of 2020. He further submits that the petitioner is in custody since 06.01.2025, the chargesheet has also been submitted, and the trial will take some time therefore the petitioner may be granted benefit of bail.

5. Learned counsel appearing on behalf of respondentState submits that the petitioner has four previous antecedents of the similar nature, therefore, his prayer of bail may be rejected.

6. Considering the submission put forth by both the counsels and particularly considering the detention period of the applicant, I am of the view that the present applicant should be granted the benefit of bail with a condition that after the release if any crime of the same nature will be registered against the petitioner then this order will be automatically cancelled. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Town Chapra Nagar P.S. Case No. 646 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties to the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.

(Arvind Singh Chandel , J) Siddharth Soni/- U