Uday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73688 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- ALOULI District- Khagaria ====================================================== Uday Kumar, 46 yeas, S/o Hareram Mahto R/o Village- Sorkahi (Sahsi), P.S.- Alauli, Diustrict- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. Petitioner is in custody in a case registered for the offence punishable under Sections 303(2), 317 of of the BNS.
3. As per allegation in the FIR, petitioner along with other co-accused person is alleged to have stolen 1549 litres of petrol and 2682 liters of diesel amounting Rs.4,20,000/- from the petrol pump of the informant, namely, Anshu Fuel Centre. During the investigation of CCTV camera, it was found that some persons came wearing a towel and switched off the light through the emergency button on the alleged date of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.73688 of 2025(3) dt.21-01-2026 2/3 case. He next submits that name of the present petitioner has transpired only on the basis of suspicion as he was working as Munshi in the said Petrol pump. He next submits that petitioner was neither apprehended on the spot nor any recovery has been made either for his possession or places belongs to him. He next submits that investigation has been concluded and accordingly charge-sheet has been submitted. He submits that petitioner is in custody since 04.07.2025 and has got no criminal antecedent as stated in para-3 of the bail petition.
5. Learned APP for the State as well as learned counsel for the informant oppose the prayer for bail of the petitioner and submits that a report regarding criminal antecedent of the present petitioner may be called from the S.P. Khagaria as petitioner previously wrote that he has five criminal antecedent and later denied this fact.
6. On perusal of the FIR, case diary and impugned order dated 09.09.2025, it appears that nothing has been recovered from the possession of the present petitioner and he has got no criminal antecedent as stated in para-3 of the bail petition and from the impugned order also it is clear that the present petitioner has got no criminal history. So, there is no need to call for further criminal antecedent report of this
Patna High Court CR. MISC. No.73688 of 2025(3) dt.21-01-2026 3/3 petitioner. So, considering the aforesaid facts and circumstances of the case and submission of learned counsel for the petitioner, let the above-named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Alouli P.S. Case No.158 of 2025.
(Ramesh Chand Malviya, J) Harshita/- U T