Patna High CourtCR. MISC./6437/2025bail granted

Prashant Kumar v. The State Of Bihar

2025-09-19Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6437 of 2025 Arising Out of PS. Case No.-929 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Prashant Kumar S/O Prabhash Yadav R/O Village- Yadavnagar, Ward No.- 06, P.S- Bharrahi, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Budhilal Yadav, Advocate For the State :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection withMadhepura (Bharrahi O.P.) P.S. Case No. 929 of 2022 under Sections 392 and 411 of the Indian Penal Code read with 25(1-B) A/26/35 of the Arms Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 17.02.2024 passed in Cr. Misc. No. 5680 of 2024, which reads as under:

"Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 392 and 411 of the Indian Penal Code read with 25(1B) A/26/35 of the Arms Act.

3. As per the prosecution case, three

Patna High Court CR. MISC. No. 6437 of 2025(5) dt.19-09-2025 2/3 criminals looted one Tab, mobile and some money from the informant.

4. During investigation the role of the petitioner has surfaced and materials have come to connect the petitioner with the crime. Petitioner has three criminal antecedents. He is in jail since 29.09.2022.

5. Considering the aforesaid facts and circumstances, this application for regular bail is dismissed.

6. The petitioner may renew his prayer for bail if there is no sufficient progress in the trial."

4. The petitioner is in custody since 29.09.2022.

5. The trial has not been concluded and out of seven witnesses, two witnesses have been examined.

6. In view of the fact that the prosecution is delaying the trial and considering the period of custody of the petitioner, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 929 of 2022, subject to the condition that both the bailors should be the close relative of the petitioner.

8. The petitioner will also mark attendance in Bharrahi Police Station, District- Madhepura on every Sunday

Patna High Court CR. MISC. No. 6437 of 2025(5) dt.19-09-2025 3/3 of the month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

9. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial by appearing personally in the trial Court on each and every date fixed in the trial. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner. (Sandeep Kumar, J) P. Kumar U T