Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65546 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Banti Kumar S/o Jitendra Singh R/o Village- Ambara Tez Singh, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, 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 Mahua P.S. Case No. 182 of 2025, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that four unknown persons on two motorcycles intercepted the informant and on the point of pistol looted Rs. 11,000/- from him and fled away from the spot.

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

Patna High Court CR. MISC. No.65546 of 2025(2) dt.16-09-2025 2/2 basis of confessional statement made by co-accused, namely, Nishant Kumar Rajput and the same has got no evidentiary value. No specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. It is further submitted that only one mobile phone and Rs. 3300/- have been recovered from the possession of the petitioner which belongs to him. The petitioner is in custody since 13.02.2025 and has got two criminal antecedents in which he is on bail.

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 Mahua P.S. Case No. 182 of 2025.

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