Rustam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50938 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- Bodhibigaha District- Gaya ====================================================== Rustam Kumar S/o Late Chhotu Paswan R/o Village - Mahurao, P.SChhakarbandha, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bodhibigha P.S. Case No. 61 of 2024 instituted for the offences under Sections 309(4) of the Bhartiya Nyaya Sanhita, 2023. 3.

As per prosecution case, the accusation against the petitioner is that he along with other co-accused persons committed loot of cash of Rs. 10,000/-, an Aadhaar Card, Identity Cad, key of an Urban Cruiser vehicle and a browncolored wallet from the house of the informant.

Patna High Court CR. MISC. No.50938 of 2025(2) dt.25-07-2025 2/3 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating/stolen article has been recovered from the conscious possession of the petitioner. The petitioner has not been put to Test Identification Parade for his identification. He further submits that in the entire investigation, not a single iota of evidence has come against the petitioner showing his complicity in the alleged occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent and is languishing in judicial custody since 06.10.2024 without any rhymes or reason. Other co-accused has been granted bail by this Court vide order dated 16-07-2025, passed in Cr. Misc. No. 43086 of 2025. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court

Patna High Court CR. MISC. No.50938 of 2025(2) dt.25-07-2025 3/3 below/concerned Court in connection with Bodhibigha P.S. Case No. 61 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T