Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46548 of 2025 Arising Out of PS. Case No.-232 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Raja Kumar S/o Benu Prasad R/o Village - Jamunichak, P.S - Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harnaut P.S. Case No. 232 of 2024 instituted for the offences under Sections 379, 328 of the Indian Penal Code.

3. Prosecution case, in short, is that the informant was administered an intoxicating substance through cold drink due to which he became unconscious and, in the meantime, his mobile phone and e-rickshaw was looted.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of self-confessional statement of the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Learned

Patna High Court CR. MISC. No.46548 of 2025(2) dt.29-07-2025 2/2 counsel further submitted that petitioner has got no concern with the looted e-rickshaw. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.10.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 23.07.2025 passed in Cr. Misc. No. 22272 of 2025.

5. Learned A.P.P. 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, claim based on parity as also 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harnaut P.S. Case No. 232 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T