Saheb Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48932 of 2025 Arising Out of PS. Case No.-398 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Saheb Chaudhary S/O Bharat Chaudhary @ Bharat Chaudhari VillageSaraiya, Police Station- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Nautan P.S. Case No. 398 of 2023, instituted for the offences punishable under Sections 413, 414 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioner was involved in stealing tractor bearing Registration No. BR22GB-6259.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that name of the petitioner has transpired in this case on the basis of confessional statement made by other co-accused person and the

Patna High Court CR. MISC. No.48932 of 2025(2) dt.01-08-2025 2/2 same has got no evidentiary value. The petitioner was neither present at the place of occurrence nor has got any concern with the other co-accused persons. The petitioner has got five criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 22.02.2024 passed in Cr. Misc. No. 10193 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nautan P.S. Case No. 398 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T