Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48821 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Suraj Kumar S/o Jai Ram Sao R/o Village- Sarsi, Dhibra (Habsapur), P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar, Advocate For the Opposite Party/s :

MS.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 39/2025 registered for the offences under Sections 310(2), 238, 61(2)of B.N.S.

3. As per the prosecution case, the informant has alleged that six miscreants came at the brick kiln and disclosed themselves to be men of party and they took away the tractor and trailor and thereafter also took away the diesel from a hyva, J.C.B. and looted other items and fled away.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has surfaced on the basis of confessional statement of co-accused namely Rahul. Learned counsel further submits that no incriminating article has

Patna High Court CR. MISC. No.48821 of 2025(2) dt.25-07-2025 2/3 been recovered from the conscious possession of the petitioner and he has no concern whatsoever with the said incident. Learned counsel further submits that till date no TIP has been conducted. Learned counsel next submits that similarly situated accused person namely Jai Kishore Kumar has been granted bail by this Court vide order dated 17.06.2025 passed in Cr. Misc. No. 29197/2025. It is lastly submitted that the petitioner has no criminal antecedent and is in custody since 28.01.2025.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that his name has surfaced in the confessional statement of a co-accused and they were found involved in the incident of loot.

6. Considering the aforesaid facts and circumstances of the case and taking into account that nothing has been recovered from the conscious possession of the petitioner, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Danapur, Patna in connection with Naubatpur P.S. Case No. 39/2025 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

Patna High Court CR. MISC. No.48821 of 2025(2) dt.25-07-2025 3/3 b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.

7. This application stands disposed of.

(Sourendra Pandey, J) tusharika/- U T