Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32621 of 2025 Arising Out of PS. Case No.-1391 Year-2024 Thana- NAWADA District- Nawada ====================================================== Atul Kumar Son of Pramod Kumar @ Bhola Singh Resident of village - New Area Near Kali Mandir, P.S.- Nawadah Town, District - Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-05-2025 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for bail in connection with Nawadah Town P.S. Case No.1391 of 2024, registered for the offence punishable under Sections 331(4) and 305 of BNS.

3. The case of the prosecution is that on 20.11.2024 when the informant went to his relative's village at Gaya, he was informed by his neighbor that thieves have entered his house, then he called police on 112 and with police he broke the door of his house, where two persons, namely, Rajneesh Kumar and the petitioner was apprehended inside the house. It is alleged that cash of Rs.71,000/- and jewelleries were stolen. The learned counsel for the petitioner has further submitted that the petitioner is neighbor of the informant and due to enmity he has been framed in this case.

Patna High Court CR. MISC. No.32621 of 2025(2) dt.21-05-2025 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is languishing in judicial custody since 25.11.2024. The learned counsel for the petitioner has also submitted that he may be given the opportunity to move his petition after framing of charge.

5. The application for bail is opposed by learned APP for the State and submitted that the petitioner is having criminal antecedent of three cases of similar nature.

6. Considering the facts and circumstances of the case, the petitioner is provided an opportunity to move his prayer for bail before the learned trial Court itself after framing of charge. The trial Court shall consider his case on merits. At this moment, this petition is taken as not pressed.

7. Accordingly, the present petition stands disposed off.

(Ashok Kumar Pandey, J) Saurav/- U T