Hariom Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41807 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Hariom Kumar S/o Prabhuvan Mahto @ Prabhuwan Mahton R/o VillageLauchhe, Ward no.- 5, P.S.-Bakhari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bakhari P.S. Case No. 294 of 2024 dated 23.07.2024 registered for the offences punishable u/ss 317(4), 317(2), 111(7) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, a stolen motorcycle was recovered from the house of the F.I.R. named accused persons. It is further alleged that the petitioner along with the co-accused persons is involved in the business of dealing with the stolen motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.41807 of 2025(2) dt.22-08-2025 2/3 this case. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up in the confessional statement of the co-accused, Suraj Kumar and Gaurav Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 24.03.2025 passed in Cr. Misc. No. 12200/2025. The petitioner has one criminal antecedent in which he has been acquitted as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Bakhari P.S. Case No. 294 of 2024 subject to conditions as laid down under section 482(2) of the B.N.S.S. with further condition :- (i) The petitioner is directed to remain physically present

Patna High Court CR. MISC. No.41807 of 2025(2) dt.22-08-2025 3/3 before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T