Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80341 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Durgesh Kumar S/o Sunil Chaudhary Resident of Village - Ward no. 03, Bhadaeya, P.S - Mohiuddin Nagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Vidyapati Nagar P.S. Case No. 54 of 2025, instituted for the offences punishable under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that nine miscreants stopped the informant and committed loot of his motorcycle, mobile phones and cash of Rs. 2200/- from his wife.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.80341 of 2025(3) dt.11-02-2026 2/3 possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of selfconfession made in Mohuddin Nagar P.S. Case No. 75 of 2025 and the same has got no evidentiary value. It is further submitted that neither any looted article has been recovered from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 01.07.2025 and has got four criminal antecedents.

5. Learned APP 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 and taking into account 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 after framing of charge, if not already framed, 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 Vidyapati Nagar P.S. Case No. 54 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.80341 of 2025(3) dt.11-02-2026 3/3 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 bail bonds of the petitioner.

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