Dharm Nath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71935 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Dharm Nath Kumar son of Late Indrasan Prasad Resident of Village- Khaira, Ps- Baikunthpur, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, 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 Dumariyaghat P.S. Case No. 136 of 2025 instituted for the offence under Sections 317(4) & 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in brief, is that during vehicle checking near Semuapur Chowk on 01.06.2025, police intercepted a white Scorpio whose driver, later identified as Dharm Nath Kumar, attempted to flee. On verification, the vehicle was found to have mismatched engine and chassis numbers, and the accused admitted it was a stolen vehicle. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.71935 of 2025(2) dt.13-10-2025 2/3 that the petitioner is in custody since 01.06.2025. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner has no concern with the recovered vehicle and petitioner was merely a passerby and has become the victim of the circumstance. It is submitted that driver of the vehicle fled away from the spot. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumariyaghat P.S. Case No. 136 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.71935 of 2025(2) dt.13-10-2025 3/3 (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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T