Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35904 of 2026 Arising Out of PS. Case No.-601 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Anish Kumar S/o Late Jitendra Baitha @ Jitendra Kumar Rajak R/o Village - Mohalla Salempur Shilpi Chowk, P.S. - Chapra Town, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2026 Heard Mr.Basant Kumar, learned counsel for the petitioner as well as Mr.Umeshanand Pandit, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 12.12.2025 in connection with Chapra Muffasil P.S. Case No. 601 of 2025, F.I.R. dated 02.11.2025 for the offences punishable under Sections 331(4)/305 of BNS, 2023.

3. The FIR of the occurrence of theft is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation and petitioner was arrested alongwith Raju Bansfor because he was present alongwith Raju Bansfor and recovery has been made from the house of Raju Bansfor and nothing has been recovered from

Patna High Court CR. MISC. No.35904 of 2026(2) dt.18-06-2026 2/3 conscious possession or the house of the petitioner and till date no TIP has been conducted by the prosecution. Further submits that co-accused persons, namely, Subhash Bansfor @ Subash Basfor, Bikram Kumar @ Vikram Kumar, Arman Khan @ Bahadur Khan and Shanti Kumar have been granted bail by this Court vide orders dated 07.04.2026 and 01.05.2026 passed in Cr. Misc. No.22578 of 2026, 28632 of 2026 and 7798 of 2026 respectively. Further submits that the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 12.12.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person and till date no TIP has been conducted by the prosecution, 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

Patna High Court CR. MISC. No.35904 of 2026(2) dt.18-06-2026 3/3 learned C.J.M., Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 601 of 2025,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.

(Rajesh Kumar Verma, J) Nitesh/- U T