Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87974 of 2025 Arising Out of PS. Case No.-417 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Bhola Kumar S/O Harichandra Yadav @ Harishchandra Yadav aged about 19 years Resident of Village- Bhaur, P.S- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Rajauli P.S Case No. 417 of 2025 registered for the offences punishable under Sections 317(5) of the BNS.

3. As per allegation in the FIR, petitioner was caught with the theft motorcycle without any registration number.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that nothing has been recovered from the possession of the petitioner. He further submit that petitioner is not arrested at the place of occurrence. He further submit that the alleged motorcycle does not belong to the petitioner. It is also submitted that petitioner is in judicial custody since 15.09.2025 having three criminal antecedent.

Patna High Court CR. MISC. No.87974 of 2025(2) dt.22-12-2025 2/2

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 19.11.2025, it appears that petitioner was not arrested from spot rather his name surfaced from the local person. Moreover, nothing has been recovered from the conscious possession of the petitioner. So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner 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 learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S Case No. 417 of 2025 subject to the condition that petitioner shall appear on each and every dated fixed by the Trial Court till the conclusion of the Trial and if the petitioner does not appear on two consecutive dates without any plausible reason, the trial Court may cancel the bail bond of the petitioner.

(Ramesh Chand Malviya, J) Sunnykr/- U