Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45374 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai ====================================================== Anand Kumar, S/o Late Ganesh Prasad, Resident of Maksuspur, Bata Gali No. 38, P.S.- Kasim Bazar, Distt.- Munger, Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Rail/Jamalpur P.S. Case No.71 of 2024 registered for the offence punishable under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.').
3. The accused/petitioner is not named in the FIR and is in custody since 21.10.2024.
4. As per FIR, while the informant went to Jamalpur Railway Station to see off his relatives and parked his motorcycle near to portico on 24.07.2024 at around 7.30 pm and when he returned, found missing his motorcycle.
5. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.45374 of 2025(4) dt.14-10-2025 2/3 the petitioner that petitioner has been implicated falsely with this case purely on the basis of suspicion, as his name transpired during the course of investigation on the basis of confessional statement of co-accused Md. Shahenbaj @ Md. Sahnawaz @ Pappu. In this connection, it is pointed out that even the recovery of alleged stolen motorcycle was made from the house of co-accused Tinku Sharma. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has already submitted and, as such, there is no chance of tampering with the evidence and moreover the petitioner found involved in one more criminal case, where he is on bail. In this connection, it is also submitted that the said coaccused Md. Shahenbaj @ Md. Sahnawaz @ Pappu has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.34701 of 2025 dated 01.09.2025.
6. Learned APP opposed the prayer for bail to the petitioner.
7. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.45374 of 2025(4) dt.14-10-2025 3/3 taking note of fact as save and except suspicion arising out of confessional statement of co-accused, nothing incriminating prima facie transpired against this petitioner as to connect him with present occurrence of theft, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 21.10.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Kiul (Lakhisarai) in connection with Rail/Jamalpur P.S. Case No.71 of 2024 subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'.
(Chandra Shekhar Jha, J.) Sanjeet/- U T