Sanjay Kushwaha @ Sanjay Prasad Kushwaha @ Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49591 of 2025 Arising Out of PS. Case No.-467 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Sanjay Kushwaha @ Sanjay Prasad Kushwaha @ Sanjay Prasad S/o Shambhunath Prasad @ Shambhu Nath Prasad R/o Vill- Pandey Tola, P.S.- Nautan, Distt- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nautan P.S. Case No. 467/2024 dated 23.11.2024 registered for the offences punishable u/ss 317(4), 317(5) read with section 3(5) of the BNS.
3. As per the prosecution case, on secret information, police reached at the place of occurrence and seized four stolen motorcycles and the accused persons fled away but the local Chowkidar recognized one of them.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of
Patna High Court CR. MISC. No.49591 of 2025(2) dt.19-08-2025 2/2 the petitioner has sprung up in the confessional statement of the co-accused Anil Yadav. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has 14 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Nautan P.S. Case No. 467/2024, with following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T