Patna High CourtCR. MISC./65772/2025bail granted

Sagar Kumar @ Sagar Kumar Chouhan v. The State Of Bihar

2025-09-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65772 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- KATIHAR (EAST) RPF/POST DistrictKatihar ====================================================== Sagar Kumar @ Sagar Kumar Chouhan S/o Gopal Chouhan R/o - Lal Kothi, P.S - Katihar (Nagar), District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with C II No. 10 of 2025, arising out of Registered Case Vide No. 08 of 2025, instituted for the offences punishable under Section 33(a) of RP/UP Act.

3. The prosecution case, in short, is that police received information about three persons moving near Katihar Railway Yard. They were intercepted carrying plastic bags containing empty bottles and stolen railway articles (jalebi). The items were seized in presence of police witnesses and the accused were arrested.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65772 of 2025(2) dt.18-09-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. It is further submitted that the petitioner is a poor person who picks-up the empty plastic bottles at platform and on the basis of suspicion the petitioner was arrested. The petitioner is in custody since 10.06.2025 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 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 C II No. 10 of 2025, arising out of Registered Case Vide No. 08 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.65772 of 2025(2) dt.18-09-2025 3/3 (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 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