Patna High CourtCR. MISC./40417/2025bail granted

Rahul Kumar v. The State Of Bihar

2025-07-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40417 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- DAUDPUR District- Saran ====================================================== Rahul Kumar S/o Rabindra Mahto @ Ravindra R/o Vill- Daudpur Dih, P.S. and P.O.- Daudpur, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maheshwar Prasad, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Daudpur P.S. Case No. 48 of 2025, instituted for the offences punishable under Sections 303(2), 317(5) and 323 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, in course of vehicle checking, the police apprehended the petitioner with a motorcycle for which the petitioner failed to produce any valid documents.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.40417 of 2025(2) dt.02-07-2025 2/2 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not the owner of the motorcycle in question. The petitioner was arrested only on the basis of suspicion. Referring to paragraph no. 4 of the petition, learned counsel for the petitioner submits that the petitioner is in custody for near about four months i.e. from 23.02.2025 to 17.03.2025 and again from 16.04.2025 till date and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Daudpur P.S. Case No. 48 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T