Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62311 of 2025 Arising Out of PS. Case No.-318 Year-2025 Thana- HARNAUT District- Nalanda ====================================================== Niraj Kumar S/o Shiv Kumar Paswan R/o Village - Dev Bigha, P.S - Wena, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 318(2), 317(4), 317(2), 339, 61(2) of the B.N.S.

3. Allegation in the first information report is that the petitioner was apprehended with a stolen motorcycle which he confessed to have brought from his friend Samsan Kumar, who had purchased the said motorcycle at a lower price.

4. Learned counsel for the petitioner submits that it would be apparent from the First Information Report itself that the petitioner is not involved in committing theft of the motorcycle rather he was apprehended along with the motorcycle which had been purchased by his friend and the petitioner had no knowledge whatsoever that the same was a

Patna High Court CR. MISC. No.62311 of 2025(4) dt.12-12-2025 2/2 stolen article. It is further submitted that there is no independent witness to the seizure list and the signature of the petitioner was taken on a plain piece of paper. The petitioner is in custody since 01.07.2025 with no criminal antecedent and charge-sheet has been submitted.

5. Learned APP for the State has opposed the application for bail.

6. Taking into consideration the facts and circumstances and also considering that the allegation on the petitioner remains confined to being in possession of the stolen motorcycle and not that of stealing the same, coupled with the fact that the petitioner is in custody since 01.07.2025 with no criminal antecedent, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Harnaut P.S. Case No. 318 of 2025.

(Soni Shrivastava, J) devendra/- U T