Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47035 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- ARWAL District- Jehanabad ====================================================== Prince Kumar S/o Late Pintu Chaudhary R/o Village- Basilpur, P.S.- Arwal, District- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 317 (4), 317 (5), 318 (4), 338, 336 (3), 340 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 (C), 21 (b) of the N.D.P.S. Act.
3. The allegation in the first information report is that 6.30 grams of smack with the weight of wrapper was made from one Aman Kumar, who disclosed the name of the petitioner and other co-accused as one of his accomplices and also stated that they used to steal motorcycles.
4. It is submitted by learned counsel for the petitioner that the name of the petitioner has surfaced in this case only on the disclosure made by co-accused, Aman Kumar.
Patna High Court CR. MISC. No.47035 of 2025(2) dt.05-08-2025 2/2 It is further submitted that there is no recovery of any contraband from the possession of the petitioner. So far as the recovery of stolen motorcycle is concerned, the same has been recovered from an open space. Further, there is no independent witness to the seizure list and the recovery is a little over small quantity. It is further submitted that one of the co-accused, Alok Kumar, has already been granted regular bail by this Court vide order dated 22.05.2025 passed in Cr. Misc. No.32973 of 2025. The petitioner has one criminal antecedent but not of the similar nature of the offence and has been languishing in custody since 27.03.2025.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Arwal P.S. Case No.123 of 2025.
(Soni Shrivastava, J) Trivedi/- U T