Suraj Choudhary @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47021 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- HASANGANJ District- Katihar ====================================================== Suraj Choudhary @ Suraj Kumar S/o Parmod Choudhary R/o Village- Baina, P.S.- Pranpur, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Hasanganj P.S. Case No. 36 of 2025 instituted for the offences under Sections 303(2), 317(2) of Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the informant's pump set was stolen, and on 04.04.2025, two accused persons including this petitioner were caught with stolen pump sets who confessed their involvement along with three others.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.47021 of 2025(2) dt.30-07-2025 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered pump sets. 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 06.04.2025 and has no criminal antecedent.
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, clean antecedent 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 Hasanganj P.S. Case No. 36 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T