Kamlesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57641 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Kamlesh Ray S/o Ram Asheshwar Ray R/o Village- Kachahari Tol, Bela, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 108 of 2025 instituted for the offences under Sections 317(2), 317(4), 317(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the informant's motorcycle has been stolen from his residential house by the unknown persons.

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

Patna High Court CR. MISC. No.57641 of 2025(3) dt.30-08-2025 2/3 present case due to dirty village party politics. The petitioner is not named in the F.I.R. and was arrested in course of investigation and his confessional statement was recorded under duress which has no evidentiary value in the eye of law. Except self-confessional statement of the petitioner, there is nothing adverse in the entire record of the case. The petitioner has no concern with the recovered motorcycle. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent and is languishing in judicial custody since 05.04.2025 without any rhymes or reason. Learned counsel for the petitioner further submits that the charge-sheet has been submitted and the charge has also been framed in this case.

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

Patna High Court CR. MISC. No.57641 of 2025(3) dt.30-08-2025 3/3 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.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaynagar P.S. Case No. 108 of 2025.

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