Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78348 of 2025 Arising Out of PS. Case No.-246 Year-2025 Thana- PARBATTA District- Khagaria ======================================================

1. Prashant Kumar, aged about 19 years, male, S/o Ajay Yadav

2. Asif Ali, aged about 21 years, male, S/o Gholu Ali @ abadul Hakim Both are Resident of Village-Salarpur, P.S.-Parbatta, District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Manda, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners are in custody in a case registered for the offence punishable under Sections 329(4), 303(2) of BNS.

3. As per the allegation in the FIR, it is alleged that on 02.07.2025. petitioners have committed theft at many houses at Bharso in Ward No.5 and 6.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He next submits that petitioners are not named in the FIR and name of the petitioners have been transpired during investigation after the confessional statement of co-accused Abhishek Kumar @ Bajrangi. He next submits that no theft/stolen article has been recovered from the possession of the petitioners. He next submits that during investigation no substantive evidence has been came against the petitioners

Patna High Court CR. MISC. No.78348 of 2025(2) dt.03-12-2025 2/2 related to present case. He next submits that investigation has already been concluded and accordingly chargsheet has been submitted but no TIP has been conducted by the Investigating Officer during investigation. He next submits that petitioners are in custody since 07.07.2025 and they have got only one criminal antecedents as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioners.

6. Considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioners, let the above named petitioners be released on bail, on their furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Khagaria in connection with Parbatta P.S. Case No.246 of 2025 with a condition that petitioners shall remain physically present on each and every date fixed by the learned Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) Harshita/- U T