Lokesh Kumar @ Lokesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49603 of 2025 Arising Out of PS. Case No.-132 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Lokesh Kumar @ Lokesh Rai S/o- Ram Adhar Rai @ Ramadhar Ray VillageBijdhari Nijamat Ps- Kesariya Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== 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 Kesariya P.S. Case No. 132 of 2022 dated 31.03.2022 registered for the offence punishable u/s 392 of the Indian Penal Code.
3. As per the prosecution case, on 23.03.2022 at about 06:00 PM, the informant was returning home after closing his shop, in the meantime, some miscreants fired three round of bullet out of which one pierced into his thigh and one bullet touched his left hand. Thereafter, they snatched his motorcycle and key and also committed loot of the ornaments which was being taken by the informant from his shop and fled away.
Patna High Court CR. MISC. No.49603 of 2025(2) dt.19-08-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Subodh Kumar. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant sustained grievous injury. Earlier the anticipatory bail of the petitioner has been rejected by the co-ordinate bench of this court vide order dated 20.07.2024 passed in Cr. Misc. No. 33522 of 2024. The Special Leave Petition (Criminal) No. 45754/2024 of the petititioner has been dismissed by the Supreme Court of India.
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, Motihari, East Champaran in connection with
Patna High Court CR. MISC. No.49603 of 2025(2) dt.19-08-2025 3/3 Kesariya P.S. Case No. 132 of 2022, with the condition ;- (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) atul/- U T