Bharat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46507 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- ROSERA District- Samastipur ====================================================== Bharat Kumar S/O Kari Sanhi @ Ashok Sahni R/O Vill.- Narhan Stet Kali Asthan, P.S.- Bibhutipur, Dist.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mirityunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard Ms. Pumpy Kumari, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Rosera P.S. Case No. 10 of 2024 for the offence punishable under sections 356, 379/34 of the Indian Penal Code.
3. As per the prosecution story, the informant alleged that while coming out of the college after the examination was over, as she reached the gate, a motorcycle came and her mobile was snatched. However, upon alarm, the locals managed to apprehend one Suman Kumar along with the mobile, two persons managed to flee, the apprehended person named them as Bharat Kumar (petitioner herein) and Guddu Kumar.
4. Learned counsel for the petitioner submits that admittedly, recovery/seizure is from Suman Kumar, only due to
Patna High Court CR. MISC. No.46507 of 2025(2) dt.30-07-2025 2/3 enmity, he has been named though he has criminal antecedent. He has already suffered by being in custody since 02.04.2025 and shall not indulge in any such criminal activity again and shall further be diligently appearing in trial.
5. Learned APP opposes the prayer for bail submitting that the person who was arrested named him.
6. Considering the submissions of the parties as also the fact that he has remained in custody since 02.04.2025, recovery/seizure is from Suman Kumar and an undertaking has been given as recorded above, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Samastipur or Successor Court, Rosera, Samastipur in connection with Rosera P.S. Case No. 10 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.46507 of 2025(2) dt.30-07-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U