Sunil Rai Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44266 of 2026 Arising Out of PS. Case No.-128 Year-2026 Thana- CHHAURADANO District- East Champaran ====================================================== Sunil Rai Yadav S/O Ramshray Rai Yadav Resident of village - Beldhari, P.SSemrongarh, Dist- Bara (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail registered for the offence punishable under Sections 303(2) and 317(5) of the B.N.S., 2023.

3. The case of the prosecution, in short, is that the petitioner was apprehended with a stolen bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police have not complied with Section

Patna High Court CR. MISC. No.44266 of 2026(2) dt.07-07-2026 2/2 105 of the BNSS while making the seizure. He further submits that from perusal of the seizure list, it will transpire that the place of recovery is the premises of Chhauradano police station. He further submits that the seizure list itself goes to show that the recovery was made from the premises of the police station. He further submits that the present case is triable by the Judicial Magistrate, 1st Class. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 16.04.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Chhauradano P.S. Case No. 128 of 2026.

(Ashok Kumar Pandey, J) Sudhanshu/- U T