Prabhat Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54653 of 2025 Arising Out of PS. Case No.-333 Year-2023 Thana- BHELDI District- Saran ====================================================== Prabhat Rai son of Sanjay Rai Village- Madhopur Hazari PS- Sahebganj District -Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yugal Kishore, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bheldi P.S. Case No. 333 of 2023 registered for the offences punishable under Section 392 of IPC.
3. As per prosecution case, informant's motorcycle and mobile were snatched by three unknown miscreants. Hence, FIR was lodged against three unknown persons.
4. Learned counsel for the petitioner submits that petitioner is not named in FIR. He further submits that the name of the present petitioner has been transpired in this case on the basis of confessional statement of co-accused Sanjit Kumar and Mithilesh Kumar. Except confessional statement of said coaccused persons, there is nothing on record to demonstrate the
Patna High Court CR. MISC. No.54653 of 2025(2) dt.12-08-2025 2/3 complicity of the present petitioner with the alleged occurrence. No TIP has been conducted up till now. He further submits that no looted articles have been recovered from the possession of the petitioner. Petitioner is in custody since 05.03.2025 and he bears criminal antecedent of eight cases out of which petitioner got acquittal in one case i.e. Baikunthpur P.S. Case No. 186/2022 and petitioner is on bail in six cases. He further submits that petitioner has been roped in a case after another in a routine manner without any basis. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Bheldi P.S. Case No. 333 of 2023, subject to following
Patna High Court CR. MISC. No.54653 of 2025(2) dt.12-08-2025 3/3 conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) alok/- U T