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Patna High CourtCR. MISC./46112/2025bail granted

Anshu Kumar v. The State Of Bihar

2025-07-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46112 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- BARHIYA District- Lakhisarai ====================================================== Anshu Kumar S/o Ram Kumar Singh R/o Village- Ramdiri, P.S.- Matihani, District- Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Shankar, Advocate Ms. Navsheen Fatima, Advocate Ms. Anushka, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barahiya P.S. Case No. 51 of 2025 instituted for the offence under Sections 303(2) & 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

On 16.03.2025 at around 3:00 AM, the petitioner along with another person allegedly stole 7-8 pieces of gold jewellery and Rs. 12,000/- from the informant's almirah. In the morning, the informant discovered the theft and questioned the accused, who attempted to mislead her. Upon searching, Rs. 12,000/- was recovered from them, but they gave unclear

Patna High Court CR. MISC. No.46112 of 2025(2) dt.28-07-2025 2/3 statements regarding the jewellery.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-03-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has become the victim of the circumstances. There is no compliance of Section 103 of the BNSS, 2023. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

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 Barahiya

Patna High Court CR. MISC. No.46112 of 2025(2) dt.28-07-2025 3/3 P.S. Case No. 51 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T