Keval Kumar @ Keval Yadav @ Mantri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31345 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Rohit Kumar S/o Manalal Yadav R/o Village- Raun, P.S.- Alauli, DistrictKhagaria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31657 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Keval Kumar @ Keval Yadav @ Mantri Son of Ram Pravesh Yadav @ Gholat Resident of Village - Roun, P.S.- Alauli, District - Khagaria, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 31345 of 2025) For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 31657 of 2025) For the Petitioner/s :
Mr. Purushotam Sharma, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners seek regular bail in connection Alauli P.S. Case No. 179 of 2024, G.R. No. 1402 of 2024, registered for the offences punishable under Sections 394 of the Indian Penal Code.
3. As per the prosecution case, four persons on
2/4 motorcycle, intercepted the informant and snatched away Rs. 3000/- and the mobile phone of the informant. It is alleged that the said miscreants also snatched away the motorcycle of the uncle of the informant.
4. The learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that they are not named in the FIR and their name has surfaced in the confessional statement of Prashant Kumar @ Hari Thakur. The learned counsel for the petitioners submits that no incriminating article has been recovered from the possession of the petitioners and till date no T.I.P. has been conducted by the police. The learned counsel for the petitioners further submits that chargesheet has already been submitted and the co-accused, namely, Prashant Kumar @ Hari Thakur in whose confessional statement the name of the petitioners surfaced, has been granted bail by a Co-ordinate Bench of this Court vide order 12.02.2025, passed in Criminal Misc. No. 5020 of 2025. It has lastly been submitted that petitioner, namely, Rohit Kumar carries one criminal antecedent while petitioner, namely, Keval Kumar @ Keval Yadav @ Mantri has clean antecedent and petitioner, namely, Rohit Kumar is in custody since 07.02.2025 while petitioner, namely,
3/4 Keval Kumar @ Keval Yadav @ Mantri is in custody since 17.02.2025.
5. The learned A.P.P. for the State opposes the prayer for bail and has stated that the petitioner, Rohit Kumar carries one criminal antecedent of similar nature while petitioner, Keval Kumar though has clean antecedent but was an accomplice and hence they should not be released on bail.
6. Considering the aforesaid submissions made by the respective parties and taking into account that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court and further considering the fact that no recovery has been made from the possession of the petitioners, I am inclined to grant the petitioner privilege of regular bail.
7. Accordingly, the prayer for bail is allowed.
8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No. 179 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioners shall be his close relative.
4/4 (ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioners in similar nature of offence, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Siwani/- U T