IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12635 of 2025 Arising Out of PS. Case No.-430 Year-2024 Thana- BEGUSARAI MUFFASIL District- Begusarai ====================================================== Vijay Kumar @ Bijay Kumar Son of Murlidhar Poddar Resident of Village- Rajaura, Ward No. 07, PS- Muffasil, District- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 430 of 2024 instituted for the offence under Sections 303(2), 334(1) of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution case in short is that some unknown miscreants have committed theft in the school of the informant and it is alleged that they have looted Rs. Twenty thousand cash, some documents, luminous battery, microtek inverter, five liter gas cylinder and gas stove, fans etc. 4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-12-2024. Petitioner Patna High Court CR. MISC. No.12635 of 2025(2) dt.04-03-2025 2/3 bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application. 5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. It is alleged that there is recovery of one gas cylinder and two fans from the possession of the petitioner, but in fact, petitioner has purchased the same and he was oblivious of the fact that the articles are stolen one. Petitioner has no concern with the occurrence and he has become the victim of the circumstances. There is no compliance of section 103 of the BNSS, 2023. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner’s implication, this Court is inclined to grant bail to the petitioner. 8. Let the 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 Court below/concerned Court in connection with Muffasil Patna High Court CR. MISC. No.12635 of 2025(2) dt.04-03-2025 3/3 P.S. Case No. 430 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T