Balbir Kumar @ Balveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61503 of 2025 Arising Out of PS. Case No.-412 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Balbir Kumar @ Balveer Kumar S/o Surendra Rai @ Surendra Ray R/o Village- Purottampur, P.S.- Rustampur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 412 of 2025 instituted for the offences under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the petitioner was apprehended by the police with stolen motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty local politics. The petitioner was not apprehended

Patna High Court CR. MISC. No.61503 of 2025(2) dt.04-09-2025 2/3 on the place of occurrence. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence/stolen motorcycle. The petitioner has been remanded in this case from Khusrupur P.S. Case No. 169 of 2025. The petitioner has three criminal antecedents and is languishing in judicial custody since 20.06.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner was arrested with the stolen motorcycle.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.61503 of 2025(2) dt.04-09-2025 3/3 below/concerned Court in connection with Kankarbagh P.S. Case No. 412 of 2025.

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