Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88946 of 2025 Arising Out of PS. Case No.-258 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Raja kumar S/O Bacha Kumar @ Bachha Kumar Resident of village - Mathia,Morsandi, P.S- Motipur, Dsist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Rajepur P.S. Case No. 258 of 2025 registered for the offence punishable under Sections 310(4) and 310(5) of the B.N.S., 2023 and Sections 25(1-b)a 26, 35 of the Arms Act.

3. The case of the prosecution in short is that a mobile was recovered from the possession of this petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that the said mobile belongs to the petitioner and he has falsely been

Patna High Court CR. MISC. No.88946 of 2025(2) dt.08-01-2026 2/2 implicated in this case. It has also been submitted that the witnesses of the seizure list are police personnel which has no evidentiary value in the eye of law. The police have not complied with Section 105 of the BNSS while making the seizure. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 29.08.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Rajepur P.S. Case No. 258 of 2025.

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