Rajiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46398 of 2025 Arising Out of PS. Case No.-976 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Rajiv Kumar S/o Raj Kishor Singh R/O Raghopur Naya Tola, P.S.- Jarawanpur, District-Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Kumar, Advocate For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Shashtri Nagar P.S. Case No. 976 of 2024 registered for the offences under Sections 331(1), 305, 61(1) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The accused/petitioner is not named in the First Information Report and is in custody since 26.02.2025.
4. As per FIR, some unknown miscreants committed theft in the house of the informant and taken away different household articles like jewelry, furniture, certain documents, ATM card, Aadhar card, PAN card etc.
5. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.46398 of 2025(2) dt.03-09-2025 2/3 behalf of the petitioner that name of petitioner transpired during course of investigation out of confessional statement of apprehended co-accused Md. Junaid, in furtherance of which no incriminating material surfaced/recovered as to connect the petitioner with the present crime in question. It is submitted that petitioner was not put on TIP as yet.
6. While concluding argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail and, moreover, investigation of this case is already completed and as such, there is no chance of tampering with the evidence.
7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
8. Considering the facts and circumstances as mentioned above and by taking note of the fact as save and except suspicion arising out of confessional statement of apprehended co-accused, nothing prima facie incriminating recovered/surfaced as to connect the petitioner with the present crime in question, coupled with the fact that petitioner remains in custody since 26.02.2025, where investigation of
Patna High Court CR. MISC. No.46398 of 2025(2) dt.03-09-2025 3/3 this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Patna, in connection with Shashtri Nagar P.S. Case No. 976 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T