Keshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41549 of 2025 Arising Out of PS. Case No.-103 Year-2024 Thana- DARBHANGA District- Darbhanga ====================================================== Keshu Kumar, Son of Kamal Sahani, Resident of Village- Chandi, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Kr. Dubey, Advocate Mr. Nilendu Kumar Choudhary, Advocate Mr. Aman Ashesh, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Town(Nagar) P.S. Case No. 103 of 2024 dated 16.05.2024 instituted for the offence punishable under Sections 379, 356 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence, when the informant was returning to his house from Bazar Samiti, two bike riders snatched his mobile phone and a gold locket from him and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that one Anil Kumar Yadav
Patna High Court CR. MISC. No.41549 of 2025(2) dt.09-07-2025 2/3 approached the petitioner for selling a mobile phone and the mistake what the petitioner did was that he verified the mobile using his legal authorized SIM whether the mobile was functional or not, but after smelling a foul, he denied to purchase the same and returned it to the said Anil Kumar Yadav. It is further submitted that nothing has been recovered either from the conscious possession of the petitioner or from his house. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Town (Nagar) P.S. Case No. 103 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga subject to condition as laid down under Section 482(2) of the B.N.S.S, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail
Patna High Court CR. MISC. No.41549 of 2025(2) dt.09-07-2025 3/3 bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. 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.
(Khatim Reza, J) premchand/- U T