Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90180 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- TAJPUR District- Samastipur ====================================================== Abhishek Kumar S/O Laxmi Singh Resident of village- Kothiya Ward No. 06, P.S.- N.H. Bangra, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Adv.

For the State :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-01-2026 Heard the parties.

2. Petitioner seeks regular bail in connection with Tajpur P.S. Case No. 36 of 2025 registered for the offences punishable under Sections 303(2), 317(5), 338, 336(3), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by the petitioner's counsel are that, as per the prosecution case, the instant matter relates to the alleged recovery of six mobile phones and a black Splendor motorcycle from the possession of the petitioner, but, no stolen article has been recovered from the conscious possession of the petitioner or from his residence. It is further submitted that the recovery shown by the informant is planted and concocted, and no independent witness has signed the seizure list, as all the seizure witnesses are members of the

Patna High Court CR. MISC. No.90180 of 2025(2) dt.13-01-2026 2/2 police party. It is also submitted that though the petitioner has criminal antecedent of two cases but he is already on bail in both the said cases and has been languishing in judicial custody since 10.03.2025.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the aforesaid submissions, the averments made in this application, the period of custody undergone by the petitioner, and the fact that the material prosecution witnesses who are to be examined during the trial of the petitioner, are official witnesses, this Court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Tajpur P.S. Case No. 36 of 2025. (Shailendra Singh, J) maynaz/- U T