Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77045 of 2025 Arising Out of PS. Case No.-355 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== Shailendra Kumar S/O Jawahir Yadav @ Jamahir Yadav R/O Vill- Kachna, P.S.-Pakribarawan,Distt-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pakribarawan P.S. Case No. 355 of 2025 instituted for the offence under Sections 317(2) & 318(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that during patrolling on 08.09.2025, police found accused petitioner with a blue Apache motorcycle bearing mismatched registration and chassis numbers, indicating that it was stolen. On verification, the vehicle details did not match its number plate, and the accused could not produce any ownership documents, admitting that he had purchased it at Nawada.

Patna High Court CR. MISC. No.77045 of 2025(2) dt.18-11-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.09.2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner has no concern with the motorcycle in question and in this regard, it is submitted that petitioner was merely standing near the motorcycle servicing shop and he has become the victim of the circumstance. There is no compliance of Section 103 of the BNSS, 2023. 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, manner of petitioner's implication 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

Patna High Court CR. MISC. No.77045 of 2025(2) dt.18-11-2025 3/3 below/concerned Court in connection with Pakribarawan P.S. Case No. 355 of 2025, 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 bail bonds of the petitioner.

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