Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29934 of 2025 Arising Out of PS. Case No.-696 Year-2024 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Arun Kumar Son of Ramnath Mahto Resident of village - Pankaj Market Road, Shankar Bag, Saraiyaganj, P.S.- Nagar, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner who is apprehending arrest in connection with Nagar P.S. Case No. 696 of 2024, filed on 12.11.2024, for the offences punishable under sections 303(2) & 306 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the petitioner is alleged to have committed theft of Rs. 3,07,400/- (Rupees Three Lakh Seven Thousand and Four Hundred) from the informant's shop.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner's mother returned Rs. 1,00,000/- (Rupees One Lakh) to the informant on 07.01.2025
Patna High Court CR. MISC. No.29934 of 2025(2) dt.14-05-2025 2/3 in presence of police party at police station. Counsel further submits that the petitioner is willing to return the rest amount, i.e., Rs. 2,07,400/- (Rupees Two Lakh Seven Thousand and Four Hundred), but in installments. It is also submitted that the petitioner has a clean antecedent.
5. Learned APP for the State also opposes the prayer for bail.
6. In the facts and circumstances of the case, let the petitioner above named be released on provisional bail, in the event of his arrest or surrender before the Trial Court within the period of six weeks, on furnishing a bail bond of 30,000/- ₹ (Rupees Thirty Thousand Only) in terms of Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Nagar P.S. Case No. 696 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further conditions:- A. The petitioner shall pay to informant, a Demand Draft of Rs. 1,07,400/- (Rupees One Lakh Seven Thousand and Four Hundred), on the day he shall surrender or in the even of arrest before the Trial Court and produce his bail bond. B. The first installment of Rs. 50,000/- (Rupees Fifty
Patna High Court CR. MISC. No.29934 of 2025(2) dt.14-05-2025 3/3 Thousand) shall be paid to the informant in the form of Demand Draft after one month.
C. The second installment of Rs. 50,000/- (Rupees Fifty Thousand) shall be paid to the informant in the form of Demand Draft one month thereafter.
7. After complete payment of Rs. 2,07,400/- (Rupees Two Lakh Seven Thousand and Four Hundred) to the informant as mentioned above, the Trial Court shall confirm the provisional bail of petitioner. In case of failure of above conditions, provisional bail granted to the petitioner by this Court shall be cancelled.
8. Accordingly, the present bail application is hereby disposed off.
(Dr. Anshuman, J.) Aman Kumar/- U T