Shashi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71207 of 2025 Arising Out of PS. Case No.-452 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Shashi Kumar S/o Rahish Yadav @ Rahish @ Ram Rahish Yadav R/o Village - Pandeychak, P.S - Shakurabad, District - Jehanabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Tiwary, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Makhdumpur (Tehta) P.S. Case No. 452 of 2025 instituted for the offences under Section 309(6) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, three accused persons stopped the motorcycle of the informant and, on the point of pistol, they snatched the bag containing Rs. 55,186/- along with tab, bio-metric, charger and other documents and fled away from there.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.71207 of 2025(2) dt.13-10-2025 2/3 against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the recovery of cash of Rs. 47,100/- has been made from the pocket of the other co-accused Nandlal Kumar. It is also submitted that the knife, charger have been recovered from the dickey of the motorcycle bearing Regd. No. BK25-9189 which is registered in the name of Nandlal Kumar. The petitioner has no concern with the alleged occurrence. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 25.06.2025 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing
Patna High Court CR. MISC. No.71207 of 2025(2) dt.13-10-2025 3/3 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 Makhdumpur (Tehta) P.S. Case No. 452 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T