Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74577 of 2025 Arising Out of PS. Case No.-573 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== Rahul Kumar S/o Krishna Rai @ Krishna Ray R/o Village - Lodipur Pirao, P.S - Doriganj, District - Chhapra at Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :

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

2. The petitioner seeks bail in connection with Saraiya P.S. Case No. 573 of 2024 instituted for the offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the motorcycle of the informant was stolen by unknown.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation and the motorcycle was seized with liquor in connection with Garkha P.S. Case No. 25 of 2025 in which four accused persons including the petitioner were arrested and thereafter, remanded in this case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.74577 of 2025(2) dt.10-11-2025 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the vehicle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.04.2025 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 53170 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Saraiya P.S. Case No. 573 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T