Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87261 of 2025 Arising Out of PS. Case No.-173 Year-2025 Thana- JADIA District- Supaul ====================================================== Rakesh Kumar S/o Jogendra Yadav @ Yogendra Yadav Resident of VillageJadiya, Ward No. 06, P.S- Jadia, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 303(2), 334(1), 317(2) & 3(5) of the BNS.

3. The case of the prosecution, in short, is that a water lifting motor of the informant was stolen by unknown miscreants. It is alleged that Chhotu Kumar called the informant as he has restrained the petitioner at his shop who has come to sell a motor and is the same which was stolen.

4. Learned counsel for the petitioner submits that from perusal of the seizure list it will transpire that Chhotu Kumar has apprehended the motor which is said to be stolen and from that seizure list it is not clear as to how the petitioner has

Patna High Court CR. MISC. No.87261 of 2025(2) dt.05-01-2026 2/2 been implicated. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioner and he has been framed in this case due to his antecedent. Learned counsel for the petitioner has lastly submitted that the petitioner is in judicial custody since 18.08.2025.

5. Learned Additional Prosecutor for the State has vehemently opposed the bail application of the petitioner and has submitted that the petitioner is having criminal antecedent of two cases.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jadia P.S. Case No. 173 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul.

(Ashok Kumar Pandey, J) durgesh/- U T