Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44448 of 2026 Arising Out of PS. Case No.-157 Year-2026 Thana- RAHUI District- Nalanda ====================================================== Aniket Kumar S/o Ramashray Ravidas @ Ramashray Das Resident of Village- Bandoh, P.S.- Rahui (Bhagan Bigha), District- Nalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shilpi Keshri, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2026 Heard Ms. Shilpi Keshri, learned counsel for the petitioner and Mr. Nand Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 02.04.2026, in connection with Rahui P.S. Case No. 157 of 2026, F.I.R. dated 02.04.2026 registered for the offences punishable under Sections 317(4), 317(5), 310(4), 310(5) of the B.N.S., 2023 and Section 25(1-B)(a)/26 and 35 of the Arms Act.

3. Allegation against the petitioner is that he used to cut electric wire from different places and sell stolen electric wire to other co-accused.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. From perusal of the F.I.R. it appears that nothing incriminating article has been recovered

Patna High Court CR. MISC. No.44448 of 2026(2) dt.03-07-2026 2/3 from the possession of the petitioner only one VIVO Smart phone was recovered from possession of the petitioner and other articles have been recovered from the vehicle in question. Petitioner is neither the owner nor the driver of the vehicle in question. She further submits that similarly situated co-accused person, namely, Shatrudhan Kumar has been granted bail by this Court vide order dated 23.06.2026 passed in Cr. Misc. No. 39833 of 2026, another co-accused person, namely, Subodh Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 08.06.2026 passed in Cr. Misc. No. 35987 of 2026 and the petitioner is in custody since 02.04.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that nothing incriminating article has been recovered from the possession of the petitioner and similarly situated co-accused persons have been granted bail by this Court or by a Coordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.44448 of 2026(2) dt.03-07-2026 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Rahui P.S. Case No. 157 of 2026, 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 shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T