Moti Kumar @ Mori Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58806 of 2025 Arising Out of PS. Case No.-209 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Moti kumar @ Mori sao Son of Hare Ram sai @ Hiram Sao R/o Village - Kela tad, P.S. - Sumka (Sariya), District - Giridih(Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Athmalgola P.S. case No. 209 of 2025 instituted for the offences under Section 302(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the vehicle of the informant loaded with cold drinks left for delivery of consignment and got stolen by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has

Patna High Court CR. MISC. No.58806 of 2025(2) dt.02-09-2025 2/3 transpired on the basis of confessional statement of co-accused. Except the confessional statement, there is nothing adverse against the petitioner. It is further submitted that, in fact, the petitioner has purchased the vehicle in question from Saurav Kumar and was unaware that the vehicle is stolen one. The petitioner is in custody since 28.06.2025 and has got six criminal antecedents in which he is on bail in all the cases.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Leanred APP further submits that the petitioner has six criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Athmalgola P.S. case No. 209 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.58806 of 2025(2) dt.02-09-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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