Bharat Bhushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60014 of 2025 Arising Out of PS. Case No.-379 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Bharat Bhushan Son of Umesh Prasad Resident of Mohalla - Kishan Colony Anishabad, P.S.- Phulwari Sharif, District - Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Advocate For the Opposite Party/s :
Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Gaurichak P.S. Case No. 379 of 2025 registered for the offences under Sections 309(6) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The accused/petitioner is named in the First Information Report and is in custody since 25.06.2025.
4. As per FIR, unknown miscreants alongwith named co-accused persons looted the Scorpio vehicle of the informant while he visited a site.
5. It is submitted by learned counsel appearing on behalf of the petitioner that name of this petitioner transpired
Patna High Court CR. MISC. No.60014 of 2025(6) dt.04-12-2025 2/3 during course of investigation on the basis of confessional statement of apprehended co-accused namely, Amit Kumar. It is submitted that nothing surfaced during investigation which may suggest that petitioner was under knowledge that Scorpio vehicle is stolen property.
6. It is pointed out that admittedly as it was purchased against Rs. 50,000/- therefore suspicion was drawn that the petitioner purchased the Scorpio knowingly that same is stolen property.
7. While concluding argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail and, moreover, investigation of this case is already concluded, for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.
8. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
9. In view of aforesaid factual submission and by taking note of the nature of accusation in totality, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since
Patna High Court CR. MISC. No.60014 of 2025(6) dt.04-12-2025 3/3 25.06.2025, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Patna City/concerned court, in connection with Gaurichak P.S. Case No. 379 of 2025, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T