Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32645 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== Amit Kumar S/O Kamal Kishor Yadav Resident Of Village- Chandaur Ward No 2, Ps- Saurbazar, Dist.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Rail P.S. Saharsa Case No. 02 of 2025 registered for the offence punishable under Sections 303(2), 317(2), 317(5) of the BNS, 2023.

3. The case of the prosecution is that the informant was sleeping in the shed of Railway Station. He was carrying a sack, and when he woke up, he found that his sack, mobile phone and Rs. 2,000/- were missing. When he came out of the station, he found a sack on a bike. He stopped the biker, after which the police also arrived. The biker was apprehended and was identified as the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.32645 of 2025(2) dt.22-05-2025 2/2 committed no offence. He has been falsely implicated in this case. He submits that somebody else has put the sack on his bike, due to enmity. He also submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner is having criminal antecedent of two cases, in which, he is on bail. He further submits that the petitioner is languishing in judicial custody since 17.02.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Khagaria in connection with Rail P.S. Saharsa Case No. 02 of 2025.

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