Sibhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73426 of 2025 Arising Out of PS. Case No.-559 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Sibhu Kumar S/O Santosh Mishra R/O Vill.- Jokaha, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 559 of 2024 instituted for the offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

As per prosecution case, some unknown miscreants have stolen the motorcycle of the informant when it was parked in front of a gate.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.01.2025. Petitioner bears six criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.73426 of 2025(2) dt.01-11-2025 2/3 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. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged occurrence. 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, there being no recovery from the petitioner's possession 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 Bettiah Town P.S. Case No. 559 of 2024, subject to the following conditions: (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

Patna High Court CR. MISC. No.73426 of 2025(2) dt.01-11-2025 3/3 bail bonds of the petitioner.

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