Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32333 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Sagar Kumar S/o Nawlesh Prasad Yadav Resident of village- Dariyapur, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Adv.

For the State :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 317(4), 317(5) of the B.N.S., 2023.

3. The case of the prosecution is that while the police had arrested one Santosh Choudhary @ Sunil Choudhary with a stolen motorcycle, he disclosed that there is another motorcycle bearing registration no. BR2H1104 which is in the possession of this petitioner. Upon such information, the police proceeded towards Partapur Chowk from where the petitioner was arrested along with the motorcycle in question.

4. Learned counsel for the petitioner submits that as a

Patna High Court CR. MISC. No.32333 of 2025(2) dt.19-05-2025 2/3 matter of fact, nothing was recovered from the possession of the petitioner and it is only on the disclosure made by coaccused Santosh Choudhary before police that the petitioner was also made an accused in the present case. It is further submitted that the motorcycle in question which is said to be recovered from the possession of the petitioner has not been claimed by anyone and neither has any case being registered for theft of the said motorcycle. It is next submitted that the petitioner, who has no criminal antecedent, is in custody since 07.03.2025.

5. Learned APP for the State opposes the prayer for bail. 6.

Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sirdalla P.S. Case No. 85 of 2025, subject to the following conditions: (i) One of the bailors will be family members or own close relatives of the petitioner who will give an affidavit of genealogy as to how he is relative to petitioner. (ii) The petitioner would made himself available before

Patna High Court CR. MISC. No.32333 of 2025(2) dt.19-05-2025 3/3 the police officer at an interval of every 15 days at the concerned police station till the charge sheet is submitted. (Soni Shrivastava, J) divyanshi/- U T