Bulet Kumar @ Bulet Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64707 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Bulet Kumar @ Bulet Kushwaha S/O Laxman Prasad R/O Village-Ward No 1, Tadhawa Nandpur Kanhi, PS- Bairiya, District- West Champaran 2.

Manoj Prasad @ Maoj Kumar Kushwaha @ Manoj Kumar Prasad S/O Nandlal Prasad @ Nandlal Kushwaha R/O Village-Vishunpurwa, Matiariya, PS-Pahadpur, Distt-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Bairiya P.S. Case No. 18 of 2025 registered for the offences punishable under Sections 317(5) of BNS.

3. As per prosecution case, co-accused Nitish Kumar was apprehended with stolen motorcycle and he disclosed the name of the petitioners who are also involved in the alleged occurrence.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this

Patna High Court CR. MISC. No.64707 of 2025(2) dt.18-09-2025 2/3 case. Except confessional statement of apprehended co-accused, there is nothing on record to connect the petitioners with the alleged occurrence. Learned counsel further submits that during course of investigation, the investigating officer has recorded the statement of witnesses in which they have not supported the involvement of the petitioners rather they have only supported the factum of the occurrence. It is further submitted that during course of investigation, the investigating officer as well informant not brought a single chit of paper which suggests the hand of the petitioners in the alleged crime. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioners. Apart from that, petitioners bear no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.64707 of 2025(2) dt.18-09-2025 3/3 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 18 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T