Rahul Kumar @ Rahul Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65456 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== Rahul Kumar @ Rahul Kumar Paswan Son of Rajendra Paswan R/o -Andhra, P.S - Andhrathari, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Anthrathari P.S. Case No. 55 of 2024, instituted for the offences punishable under Section 379 of the Indian Penal Code.

3. The prosecution case, in short, is that motorcycle of the informant was stolen by unknown person from his house.

4. Learned counsel for the petitioner submits that the 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 the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely,

Patna High Court CR. MISC. No.65456 of 2025(2) dt.16-09-2025 2/3 Amit Mandal and the same has got no evidentiary value. It is further submitted that neither the stolen motorcycle has been recovered from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 19.05.2025 and has got five criminal antecedents in which he is on bail in four cases.

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 after framing of charge, if not already framed 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 Anthrathari P.S. Case No. 55 of 2024, subject to the following conditions:

(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

Patna High Court CR. MISC. No.65456 of 2025(2) dt.16-09-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T