Patna High CourtCR. MISC./26885/2025bail granted

Ram Babudev v. The State Of Bihar

2025-05-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26885 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- JHANJHARPUR District- Madhubani ====================================================== Ram Babudev Son of Late Kisun Lal Deo @ Kishun Lal Dev Resident of village - Balthi, P.S.- Bheja, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jhanjharpur P.S. Case No. 102 of 2024, instituted for the offences punishable under Section 303(2) of the BNS. Later on Section 317(2) of the BNS was added.

3. The prosecution case, in short, is that, mobile phone of the informant was stolen from the cot of his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.26885 of 2025(2) dt.06-05-2025 2/2 also submits that the mobile phone of the informant has been recovered from the possession of the petitioner but the petitioner found the same on train. It is further submitted that two mobile phones have been recovered from the possession of the petitioner out of which one mobile phone belongs to him. The petitioner is in custody since 14.11.2024 and has got two criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jhanjharpur P.S. Case No. 102 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T