Mister Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40458 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- GORADIH District- Bhagalpur ====================================================== Mister Kumar S/o Umesh Mandal R/o Village and PO-Mamlakha, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Goradih P.S. Case No. 190 of 2024, instituted for the offences punishable under Sections 303(2), 317(2), 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, during vehicle checking by the police, the petitioner along with other co-accused person was apprehended with one motorcycle and one e-rickshaw and failed to produce any valid documents for the same.

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

Patna High Court CR. MISC. No.40458 of 2025(2) dt.03-07-2025 2/2 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not the owner of the motorcycle, rather wife of the petitioner is owner of the motorcycle in question and the same is not a stolen one. The petitioner is in custody since 17.12.2024 and has got two criminal antecedents.

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 Goradih P.S. Case No. 190 of 2024.

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