Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74358 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- MAHUAWA District- East Champaran ====================================================== Surendra Rai S/O Bhagarit Rai R/O Village- Parsa, P.S- Mahuawa, Distt.- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahuawa P.S. Case No. 97 of 2025 instituted for the offences under Sections 338, 336(3), 340(2), 318(4), 317(5) of the B.N.S.

3. As per prosecution case, the police has apprehended the petitioner with motorcycle in possession which was being operated after changing its number plate.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to village politics. Learned counsel for the petitioner further submits that the recovered motorcycle is not the stolen property

Patna High Court CR. MISC. No.74358 of 2025(2) dt.10-11-2025 2/2 rather the petitioner had purchased the same from one Mr. Suman Kumar Sah. Nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that in course of investigation, nothing adverse has come against the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 27.07.2025 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.

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 and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing 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 Mahuawa P.S. Case No. 97 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T