Raja Kumar @ Raja Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51333 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- Jagdishpur District- West Champaran ====================================================== Raja Kumar @ Raja Kumar Rai S/o- Late Sathu Ray @ Late Satahu Rai @ Late Sathal Ram Resident of Village- Mahmadpur Balami Motipur PSMotipur Dist- Muzaffarpur ... ... 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.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Jagdishpur P.S. Case No. 48 of 2025 registered for the alleged offences under Section 303(2) of B.N.S.
3. As per prosecution case, unknown thief took away the batteries used in mobile tower. The name of the petitioner transpired during investigation for being involved in the theft.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and his name came up in this case in the confessional statement of co-accused, Golu Kumar. Nothing incriminating
Patna High Court CR. MISC. No.51333 of 2025(2) dt.11-08-2025 2/3 has been recovered from the person or possession of this petitioner and the recovery has been shown from apprehended co-accused Golu Kumar. Even in the confessional statement there is general and omnibus allegation against the petitioner, who has been roped in this case merely on suspicion. The petitioner in custody since 03.04.2025 and charge sheet has been submitted. The petitioner is having criminal antecedent of four cases and he is on bail in all the four cases. Learned counsel further submits that in the aforesaid three cases he has been remanded from the present case. Learned counsel further submits that co-accused persons have been granted bail by this Court as well as by different Co-ordinate Benches vide orders dated 25.06.2025, 09.07.2025, 21.07.2025 and 22.07.2025 passed in Cr. Misc. Nos. 38876 of 2025, 41658 of 2025, 43373 of 2025 and 43044 of 2025, respectively.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is
Patna High Court CR. MISC. No.51333 of 2025(2) dt.11-08-2025 3/3 directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bettiah, West Champaran/concerned Court in connection with Jagdishpur P.S. Case No. 48 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the 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.
(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) DKS/- U T