Allowed¶20

Vivek Kumar v. The State of Bihar

Patna HC7 May 2025CR. MISC./27885/2025

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court Cr. Misc. No.27885 of 2025 (decision 07-05-2025, Arun Kumar Jha, J); Rajpakar/Rajapakar P.S. Case No. 55 of 2025, Vaishali; offences under Sections 338, 336(3), 340(2), 317(4), 317(5), 3(5) B.N.S.; stolen motorcycle; co-accused Sunny Kumar's disclosure; no recovery from petitioner; custody since 12.02.2025; clean antecedent; bail bonds Rs.10,000 with two sureties; J.M.F.C. Vaishali at Hajipur; Section 480(3) B.N.S.S. bail conditions; bail-bond cancellation clause.

What did the court decide?

Release on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Vaishali at Hajipur/concerned court, subject to Section 480(3) B.N.S.S. condition and the three additional conditions enumerated in the order.

Vivek Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner Vivek Kumar, implicated in Rajpakar P.S. Case No. 55 of 2025 (offences under Sections 338, 336(3), 340(2), 317(4), 317(5) and 3(5) of the B.N.S.) on the disclosure of co-accused Sunny Kumar, with no recovery shown from him, custody since 12.02.2025 and no criminal antecedent, should be released on bail.

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Court's answer

This Court directed the petitioner's release on bail, having considered that no recovery has been shown from the petitioner, his clean antecedent and his period of custody.

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Ratio / Principle

The bail grant is subject to the condition laid down under Section 480(3) of the B.N.S.S. and further conditions: one bailor to be a close relative; presence before the trial court on each date fixed if required; and liability of the bail bond to cancellation in case of absence on three consecutive dates or violation of bail terms.

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Detailed headnote1 paragraphs

Criminal Miscellaneous No.27885 of 2025 (Patna High Court, oral order dated 07-05-2025, Arun Kumar Jha, J): regular bail granted to petitioner Vivek Kumar in connection with Rajpakar P.S. Case No. 55 of 2025, District Vaishali, registered for offences under Sections 338, 336(3), 340(2), 317(4), 317(5) and 3(5) of the B.N.S. Prosecution basis was apprehension of co-accused Sunny Kumar with a stolen motorcycle, who disclosed that the petitioner gave him the motorcycle; petitioner's counsel argued false implication owing to the co-accused's enmity with the petitioner's mother (elected Prkhand Pramukh, Mahua Block, Vaishali), nothing recovered from the petitioner, custody since 12.02.2025 and no criminal antecedent. Finding no recovery shown from the petitioner and considering his clean antecedent and period of custody, the Court directed release on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Vaishali at Hajipur/concerned court, subject to the condition laid down under Section 480(3) of the B.N.S.S. and conditions that one bailor be a close relative, attendance on dates fixed by the trial court if required, and cancellation of the bail bond on absence on three consecutive dates or violation of bail terms.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27885 of 2025

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Arising Out of PS. Case No.-55 Year-2025 Thana- RAJAPAKAR District- Vaishali

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======================================================

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Vivek Kumar S/o Ashok Paswan R/o Village- Tajpur Buzurg, P.S.- Mahua, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan, Advocate For the Opposite Party/s : Mr.Ram Priya Sharan Singh, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 07-05-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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In the present case, the petitioner seeks bail in connection with Rajpakar P.S. Case No. 55 of 2025, registered for the offences under Sections 338, 336(3), 340(2), 317(4), 317(5) and 3(5) of the B.N.S.

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As per the prosecution case, co-accused Sunny Kumar was apprehended with stolen motorcycle who disclosed that this petitioner gave him the motorcycle.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from person or possession of this petitioner. Except for the confessional statement of co-accused, there is no other

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Patna High Court CR. MISC. No.27885 of 2025(2) dt.07-05-2025 2/3

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material to connect the petitioner with the offences or the stolen property. The mother of the petitioner is elected Prkhand Pramukh at Mahua Block, Vaishali and co-accused Sunny Kumar is having inimical terms with her and for this reason he has falsely implicated this petitioner. The petitioner is in custody since 12.02.2025 and he has no criminal antecedent.

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Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

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Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering his clean antecedent and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Vaishali at Hajipur/concerned court, in connection with Rajpakar P.S. Case No. 55 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on

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Patna High Court CR. MISC. No.27885 of 2025(2) dt.07-05-2025 3/3

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each and every date fixed by the court below, if so required by the learned trial court.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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Anuradha/- U T

Vivek Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vivek Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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