Lalu Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28060 of 2025 Arising Out of PS. Case No.-27 Year-2024 Thana- JITNA District- East Champaran ====================================================== Lalu Kumar @ Niraj Kumar Son of Prabhu Ray @ Prabhu Ram Resident of Village- Laxamipur, Kathariya, P.S.- Lakhaura, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Advocate.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Dhurendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Yogendra Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jitna P.S. Case No. 27 of 2024 registered for the offence punishable under Section 309(4) of the BNS, 2023.

3. As per the allegation made in the F.I.R., three unknown persons looted the bag of the informant containing electronic gadgets including laptop. The petitioner has been alleged to be one of them on the basis of investigation.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence as alleged. The name of the petitioner has surfaced in the case on the basis of the confessional statement of

Patna High Court CR. MISC. No.28060 of 2025(2) dt.07-05-2025 2/3 co-accused which has no evidentiary value in the eye of law. Due to criminal antecedent of the petitioner, the petitioner has been roped in the present case. He has no connection with the alleged loot which was done by the co-accused.

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

6. Considering the nature of allegation made against the petitioner and the fact that the name of the petitioner surfaced in the case on the basis of confessional statement of coaccused which has no evidentiary value in the eye of law, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sikrahna at Dhaka, East Champaran in connection with Jitna P.S. Case No. 27 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, 2023 and further condition that the petitioner will confine himself within the police station in which his residence is located. The concerned S.H.O. must submit report in respect of the petitioner and must accompany the petitioner on each and every date of trial

Patna High Court CR. MISC. No.28060 of 2025(2) dt.07-05-2025 3/3 before the learned District Court.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T