Devendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38615 of 2026 Arising Out of PS. Case No.-3 Year-2026 Thana- AGAMKUAN District- Patna ====================================================== Devendra Ray S/O Late Bhajan Ray R/O Sukumarpur, P.S- Raghopur, DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 24-07-2026 Heard learned counsel on behalf of the petitioner and learned A.P.P. on behalf of the State.

2. This application is filed for grant of regular bail to the petitioner who has been made accused in connection with Agamkuan P.S Case No. 03 of 2026 instituted for the offences punishable under Section 303(2) of the B.N.S.

3. As per the prosecution case, the informant gave a written report before the police that on 30.01.2026 at about 11:00 A.M. he reached his office and after parking his motorcycle outside the office, he entered into the office. At about 1:00 P.M. when he came out of his office, he did not find his motorcycle at the parked place. He suspected that some unknown thief stole his motorcycle and on the basis of that, FIR was lodged against the unknown.

Patna High Court CR. MISC. No.38615 of 2026(3) dt.24-07-2026 2/3

4. This petitioner was made accused when he was caught in another case arising out of Bidupur P.S. Case No.- 73 of 2026 under Section 30 (a) of Bihar Prohibition and Excise Act, 2016 (as amended up-to-date) in which the stolen motorcycle along with liquor was recovered.

5. Learned counsel for the petitioner submits that the petitioner has already been granted bail by the Exclusive Special Excise Court, Vaishali in connection with Bidupur P.S. Case No.- 73 of 2026 and thereafter, the petitioner was remanded in this case. He is languishing in custody since 09.03.2026.

6. It is submitted on behalf of the petitioner that the allegation of theft is false and he has not stolen the motorcycle.

7. Considering the facts and circumstances of the case, the petitioner, above named, is directed to 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 learned A.C.J.M- IV, Patna City, Dist.-Patna in connection with Agamkuan P.S Case No. 03 of 2026, subject to following conditions:- (i) One of the bailors should be family member of the petitioner.

(ii) Petitioner will co-operate in the trial and will

Patna High Court CR. MISC. No.38615 of 2026(3) dt.24-07-2026 3/3 remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the court, he should physically appear in the Court on that date.

(iii) 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.

(Kumar Manish, J) Ritwika/- U T