Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54861 of 2025 Arising Out of PS. Case No.-15 Year-2024 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Niraj Kumar S/O Late Shravan Prasad Resident of village- Bullachak Baribigha, P.S.- Baribigha, Distt .- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Sheikhopur Sarai P.S. case No. 15 of 2024 instituted for the offences under Sections 379, 411, 34 of the Indian Penal Code. 3.

As per the prosecution case, the accusation against the accused persons including the petitioner is of committing theft of electric wire from the Power Grid situated at village Onama, Sheikhopura.

Patna High Court CR. MISC. No.54861 of 2025(2) dt.08-08-2025 2/3 4.

Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Learned counsel further submitted that petitioner has not committed any offence as alleged in the FIR. No incriminating article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023, which creates doubt over the prosecution story. The co-accused person has already been granted bail by this Bench vide order dated 21.06.2025 passed in Cr. Misc. No. 40188 of 2024. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

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.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or 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.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sheikhopur

Patna High Court CR. MISC. No.54861 of 2025(2) dt.08-08-2025 3/3 Sarai P.S. case No. 15 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

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