Bhushan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65171 of 2025 Arising Out of PS. Case No.-53 Year-2024 Thana- Kotwali District- Darbhanga ====================================================== Bhushan Kumar Yadav S/o Sukhram Yadav R/o Village- Bhairopatti, Mohipokhar Satsang Mandir Road, Milki Chak, P.S.- Bahadurpur, DistrictDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand, Adv.
For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kotwali P.S. Case No. 53 of 2024 dated 30.10.2024 registered for the offences punishable u/s 303(2) of the B.N.S.
3. As per the prosecution case, two unknown miscreants are alleged to have stolen the motorcycle of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 19.10.2024 but the F.I.R. was lodged on 30.10.2024 without any explanation. The
Patna High Court CR. MISC. No.65171 of 2025(2) dt.13-10-2025 2/3 petitioner is not named in the F.I.R. The name of the petitioner was disclosed by the apprehended co-accused, Amarjeet Yadav. It is further submitted that the petitioner had purchased a second hand motorcycle from Amarjeet Yadav through a mechanic but the petitioner had no knowledge that the said motorcycle was stolen one. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The charge-sheet has been submitted against the petitioner. The petitioner has 12 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.11.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the said motorcycle was recovered from the house of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection withKotwali P.S. Case No. 53 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.65171 of 2025(2) dt.13-10-2025 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U