Niranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55466 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== Niranjan Kumar S/o Late Santlal Sah R/o Village- Kuli Mandir, P.S.- Bhagwan Bazar, Dist.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2025 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Bhagwan Bazar P.S. Case No. 75 of 2025 for the offence punishable under Sections 317(2), 309(4) of the Bhartiya Nayay Sanhita, 2023 lodged on 11.02.2025 by the informant, Md. Asgar Alam.
3. As per the prosecution story, the informant alleged that he came from Delhi and alighted at Chapra Railway Station, took a Toto to move to the bus stand. The allegation is that the Driver alongwith a person sitting there in the Toto took him to a lonely place and snatched Rs. 16,000/- beside his slippers. The informant took note of the registration number of the Toto and informed the Police (dial 112) which intercepted
Patna High Court CR. MISC. No.55466 of 2025(2) dt.12-08-2025 2/3 the Toto and accused got apprehended. This led to the FIR.
4. Learned counsel for the petitioner submits that the Police did not recover any amount rather the mobile phones which it alleges to have been purchased from the amount snatched from the informant. He has absolutely no criminal antecedent and is in custody since 12.02.2025 and if granted bail, shall be diligently appearing in trial.
5. Learned APP opposes the prayer submitting that it was only due to timely action of the Police, the Toto was intercepted and the accused apprehended as the informant had taken note of the registration number of the vehicle.
6. Considering the submissions of the parties as also the fact that the petitioner has no criminal antecedent, is in custody since 12.02.2025, this Court is inclined to extend him the privilege of bail with conditions. However, it is made clear that if the statement regarding the criminal antecedent is incorrect, the order shall become infructuous.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Saran at Chapra, in connection with Bhagwan Bazar P.S. Case No. 75 of 2025 subject to the following conditions:
Patna High Court CR. MISC. No.55466 of 2025(2) dt.12-08-2025 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T