Ankit Kumar @ KushaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4540 of 2026
                      Arising Out of PS. Case No.-245 Year-2025 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Ankit Kumar @ Kusha, Male, aged about 23 years, S/o- Late Nandkishore
                 Saw, resident of Mohalla- Dalpatti, Naya Bazar, P.S.- Kabaiya, District-
                 Lakhisarai
                                                                        ... ... Petitioner/s

                                                         Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shailesh Anand, Advocate
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Kabaiya PS Case No.245 of 2025 dated 24.06.2025, instituted

                   for the offence punishable under Sections 303(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that the informant

                   and his nephew parked their motorcycles in front of their

                   house(s) in the night at about 10.00 PM and went to sleep. On

                   the next day, both the motorcycles were not found at their

                   parked places. On the basis of CCTV footage, it was found that

                   one person was turning the motorcycles and later on, that person

                   was found near Bazar Samiti, who was handed over to the
Patna High Court CR. MISC. No.4540 of 2026(3) dt.26-02-2026
                                            2/3




          police.

                       4. Learned counsel for the petitioner submits that the

          petitioner was apprehended only on the basis of suspicion and

          his past antecedents. It is further submitted that the CCTV

          footage has not been identified by the informant. In the case

          diary, nowhere it is mentioned that the petitioner has been

          identified by the informant in the CCTV footage. From the

          seizure list, it is clear that only two mobiles and some cash have

          been recovered from the possession of the petitioner. Nothing

          incriminating has been recovered. Lastly, it is submitted that the

          petitioner is in custody since 25.06.2025 having four cases

          against him and charge-sheet has been submitted in the case.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the Chief Judicial Magistrate,

          Lakhisarai, in Kabaiya PS Case No.245 of 2025, subject to the

          conditions (i) that the petitioner shall co-operate in the trial and

          shall be properly represented on each and every date fixed by

          the Court and on his absence on two consecutive dates without
            Patna High Court CR. MISC. No.4540 of 2026(3) dt.26-02-2026
                                                        3/3




                      sufficient reason, his bail bond shall be cancelled by the Court

                      below, (ii) that one of the bailors will be his own blood relation,

                      preferably father, mother, brother, sister and or his wife, (iii) that

                      the bailor shall also state on affidavit that he will inform the

                      court concerned if the petitioner is made accused in any other

                      case of similar nature after his release in the present case and

                      thereafter the court below will be at liberty to initiate the

                      proceeding for cancellation of bail on ground of misuse, (iv)

                      that if the petitioner tampers with the evidence or the witnesses,

                      in that case, the prosecution will be at liberty to move for

                      cancellation of bail, and (v) that the petitioner within two weeks

                      from the date of his release from custody shall appear before the

                      SHO of his local area along with a copy of this order and

                      thereafter shall appear before him every fortnightly to mark his

                      attendance till the conclusion of the case.

                                   7. The application stands allowed.


                                                                   (Khatim Reza, J)
J. Alam/-

U      T