Patna High CourtCR. MISC./60081/2025bail granted

Shiv Kumar v. The State Of Bihar

2025-09-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60081 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- Sonki District- Darbhanga ====================================================== Shiv Kumar S/o Ram Bhagat @ Ram Bhagat Mahto Resident of Village - Etwa Shivnagar, Ward No. - 3, P.S. - Biraul, Dist. - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sonki P.S. Case No. 93 of 2025, instituted for the offences punishable under Sections 317(4), 317(5), 338, 336(2), 340(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner was apprehended by the police and one stolen motorcycle has been recovered from him. It is further alleged that on demand of papers, the petitioner failed to produce any valid documents for the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.60081 of 2025(2) dt.03-09-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was arrested on the basis of suspicion. The petitioner has purchased the seized motorcycle from an unknown person and he has got no knowledge that the motorcycle is a stolen one. The petitioner is in custody since 29.06.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonki P.S. Case No. 93 of 2025, subject to the following conditions:

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

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.60081 of 2025(2) dt.03-09-2025 3/3 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) Rajorshi/- U T