Haridwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42308 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- CHANDI District- Bhojpur ====================================================== Haridwar Kumar S/O Ram Ayodhya Ray @ Bhukhan Ram R/O VillageJamira, PS- Ara Muffasil, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard learned Counsel for the petitioner, learned APP for the State, learned counsel for the informant.
2. The petitioner is apprehending arrest in connection with Chandi P.S. Case No. 23 of 2025 registered on 11.02.2025 for the offenses punishable under Sections 334(1), 303(2) of BNS, 2023 late on Sections 317(2)/3(5) of the BNS, 2023 were also added.
3. As per the prosecution, the F.I.R. has been lodged against unknown persons with the allegation of theft of 60 mobile phones of different companies, valued at approximately 10,00,000/-, along with cash amounting to 40,000/-, from the ₹ ₹ shop of the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.42308 of 2025(2) dt.09-07-2025 2/3 petitioner is innocent and has committed no offence. It is submitted that the petitioner has a clean criminal antecedent. His name has surfaced in this case solely on the basis of the confessional statement of a co-accused who has been apprehended. Though the police claim to have seized certain mobile phones from the petitioner's house, it is pointed out that the said mobile phones were not subjected to a Test Identification Parade. In fact, no looted articles or stolen mobile phones have been recovered from the possession or house of the petitioner.
5. Learned APP for the State vehemently opposes the prayer for bail.
6. Learned counsel for the informant also opposes the prayer for bail and submits that the petitioner's name has appeared in the case on the basis of the confessional statements of all three co-accused persons, from whose possession stolen mobile phones have been recovered.
7. In the opinion of this Court, the disclosure of the petitioner's name by the apprehended co-accused, from whose possession the stolen mobile phones have been recovered, is not merely a confessional statement but also carries corroborative value. In this background, this Court is not inclined to grant bail
Patna High Court CR. MISC. No.42308 of 2025(2) dt.09-07-2025 3/3 to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Chandi P.S. Case No. 23 of 2025, pending before the learned Judicial Magistrate, 1st Class, Bhojpur at Ara is hereby rejected.
(Dr. Anshuman, J) Ashwini/- U T