Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80527 of 2025 Arising Out of PS. Case No.-817 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== Rajeev Kumar S/O Lal Babu Rai R/O Village - Terashia, Ward no.-14, P.SGanga Bridge, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 817 of 2025, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 and later on Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 was added.

3. The prosecution case, in short, is that four unknown miscreants robbed the informant of his motorcycle along with other articles on the point of pistol.

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

Patna High Court CR. MISC. No.80527 of 2025(2) dt.02-12-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Sonu Kumar 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 13.07.2025 and has got one criminal antecedent.

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 Hajipur Town P.S. Case No. 817 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.80527 of 2025(2) dt.02-12-2025 3/3 (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) Rajorshi/- U T