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Patna High CourtCR. MISC./69476/2025bail granted

Ravi Kumar v. The State Of Bihar

2025-10-08Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69476 of 2025 Arising Out of PS. Case No.-194 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Ravi Kumar S/o Late Jamadar Prasad Resident of village - Pipra Bind Toli, P.S - Baikunthpur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Puja Kumari, Advocate Mr.Dharmveer, Advocate For the State :

Mr.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Baikunthpur P.S. Case No. 194 of 2025 registered for the alleged offences under Sections 317(5), 3(5) of BNS.

3. As per prosecution case, police received secret information about distribution of stolen article in the house of the petitioner. A raid was conducted and four persons were apprehended but two fled away from the spot. From the possession of the petitioner, recovery of one mobile phone was made. Similar recovery of mobile phone from other co-accused

Patna High Court CR. MISC. No.69476 of 2025(2) dt.08-10-2025 2/3 persons apart from one tab. On search of the house of the petitioner, recovery of a number of mobile phones and other electronic items were made. The recovered articles are stated to be stolen articles from one shop in which theft was committed in the night of 23/24.05.2025.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. The search and seizure is doubtful and there is no signature of the petitioner or any of the co-accused persons on the seizure list. There is no independent witness to the search and seizure and there is complete violation of mandatory provision of BNSS. The petitioner has criminal antecedent of three cases. The petitioner is in custody since 31.05.2025 and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.69476 of 2025(2) dt.08-10-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj/concerned Court in connection with Baikunthpur P.S. Case No. 194 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T