Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70415 of 2025 Arising Out of PS. Case No.-196 Year-2025 Thana- GOH District- Aurangabad ====================================================== Santu Kumar S/o Birjun Yadav @ Birju Yadav R/o Village - Akauni, P.S - Goh, District - Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Goh P.S. Case No. 196 of 2025 (G.R. No. 810 of 2025) registered for the alleged offences under Sections 317(2), 336(2) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the petitioner and coaccused were apprehended with a stolen motorcycle.

04. 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 petitioner was found sitting on the motorcycle and co-accused Munna Kumar had been driving the same as the petitioner has no knowledge about the

Patna High Court CR. MISC. No.70415 of 2025(2) dt.13-10-2025 2/3 motorcycle being stolen. The petitioner is having antecedent of one case under the Bihar Prohibition & Excise Act and he is on bail in that case. The petitioner is in custody since 12.06.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Daudnagar, Aurangabad/court concerned in connection with Goh P.S. Case No. 196 of 2025 (G.R. No. 810 of 2025), subject to the conditions mentioned in Section 480(3) of BNSS and 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

Patna High Court CR. MISC. No.70415 of 2025(2) dt.13-10-2025 3/3 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) Ashish/- U T