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Patna High CourtCR. MISC./62468/2025allowed

Kaushal Rai @ Kaushal Roy v. The State Of Bihar

2025-11-27Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62468 of 2025 Arising Out of PS. Case No.-776 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Kaushal Rai @ Kaushal Roy S/o Ramesh Rai @ Ramesh Roy R/o VillageTiwary Tola, Ward No. 29, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.

3. The case of the prosecution is that the informant of this case has purchased a Tata Tiago car and was plying the same for his livelihood. On the date of occurrence, three persons arrived near his car and reserved his case for Rs.2,000/- for going to Forbesganj. All the three persons boarded in the car. After some time one of the accused person stopped the car for having tea. It is further alleged that one of them pushed the informant out of the car, took the key and fled away with the

Patna High Court CR. MISC. No.62468 of 2025(3) dt.27-11-2025 2/3 car.

4. Learned counsel for the petitioner has submitted that as per the Saharsa Sadar P.S. Case No. 870 of 2021, the car was recovered from possession of this petitioner. Regarding car, the learned counsel for the petitioner has submitted that the petitioner has hired the car from one Raja. Learned counsel for the petitioner has further submitted that after the recovery of car Saharsa Sadar P.S. Case No. 870 of 2021 has been lodged and this case has also been lodged against the petitioner. It has also been submitted that from perusal of the case diary of this case, it is not clear as to from where car was recovered. Learned counsel for the petitioner has submitted that the petitioner has been framed in this case due to his criminal antecedents. Learned counsel for the petitioner has lastly submitted that the petitioner is in custody since 17.03.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the bail and has submitted that the petitioner is having criminal antecedent of five cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.62468 of 2025(3) dt.27-11-2025 3/3 Forbesganj P.S. Case No. 776 of 2021 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa. (Ashok Kumar Pandey, J) durgesh/- U T