Amit Kumar @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72115 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- PARWALPUR District- Nalanda ====================================================== Amit Kumar @ Raju S/o Sudhir Singh R/o Village- Dumari, P.S.- Parwalpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Parwalpur P.S. Case No. 117 of 2025 instituted for the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

On 29.06.2025 at about 7:45 P.M., while the informant was going to his Mausi's house with his cousin on a Honda Shine motorcycle (BR-21Z8761), four unknown persons on two motorcycles intercepted them near Dariyapur More, snatched the motorcycle and a Vivo mobile phone at gunpoint. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.07.2025. Petitioner bears four criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.72115 of 2025(2) dt.14-10-2025 2/3 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. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case during investigation on the disclosure made by spy followed by his self-confessional statement and the same has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. Motorcycle in question was recovered from other co-accused person. Petitioner was not identified in the T.I.P. 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, manner of petitioner's implication and there being no recovery from the petitioner's possession, 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 Parwalpur P.S. Case No. 117 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.72115 of 2025(2) dt.14-10-2025 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