Rakesh Kumar @ Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47779 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Rakesh Kumar @ Guddu Yadav S/o Sukhdev Yadav R/o Vill- Dumri, P.S.- Rajgir, Distt- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Surendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Rajauli P.S. Case No. 181 of 2025, registered for the offences under Sections 305(B) of the BNS.
3. As per the prosecution case, the tractor of the informant was stolen in the night by unknown thieves and the name of the petitioner transpired during investigation for being involved in the theft.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case and he has no concern with the aforesaid occurrence. The name of the petitioner transpired in the case on the basis of confessional statement of co-accused Niranjan Kumar and
Patna High Court CR. MISC. No.47779 of 2025(3) dt.15-10-2025 2/3 except for that there is no material to show the complicity of the petitioner in the theft. Nothing incriminating has been recovered from person or possession of the petitioner. The recovery of tractor was made from an isolated place not connected with this petitioner. Learned counsel further submits that the other two similarly situated co-accused persons have been granted bail by different Coordinate Benches of this Court vide order dated 08.08.2025 passed in Cr. Misc. No. 48587 of 2025 and order dated 11.08.2025 passed in Cr. Misc. No. 49314 of 2025. The petitioner is in custody since 16.05.2025 and he is having antecedent of two cases. Charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and further considering submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada/concerned court, in connection with Rajauli P.S. Case No. 181 of 2025, subject to
Patna High Court CR. MISC. No.47779 of 2025(3) dt.15-10-2025 3/3 the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T