Rakesh Chaudhary @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61245 of 2025 Arising Out of PS. Case No.-312 Year-2024 Thana- SIKANDRA District- Jamui ====================================================== Rakesh Chaudhary @ Rakesh Kumar, S/O Rajesh Chaudhary, R/O VillageIntpakwa, P.S.- Kawakol, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Mrs.Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Sikandara P.S. Case No. 312 of 2024, registered for the alleged offence under Sections 310 (2) and 317 (3) of BNS, 2023.

3. As per prosecution case, six miscreants riding two motorcycles surrounded the informant and snatched his bike, mobile phone and wallet containing Rs.2,000/- apart from ATM Card, PAN card, owner book of the vehicle and ear phone. They also hit the informant with helmet. The name of the petitioner transpired during investigation for being involved in the said occurrence.

Patna High Court CR. MISC. No.61245 of 2025(2) dt.10-09-2025 2/3

4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of this petitioner. The petitioner has been named in this case merely on the basis of confessional statement of co-accused Chandan and except for that, there is no material available against the petitioner showing his involvement in the crime. The petitioner has not been put to any Test Identification Parade to ascertain his identity. The petitioner is in custody since 25.03.2025 and charge sheet has been submitted. The petitioner is having antecedent of four cases.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner and submission of charge sheet, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada/court concerned, in

Patna High Court CR. MISC. No.61245 of 2025(2) dt.10-09-2025 3/3 connection with Sikandara P.S. Case No. 312 of 2024, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T