Shatrudhan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39833 of 2026
                        Arising Out of PS. Case No.-157 Year-2026 Thana- RAHUI District- Nalanda
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                 Shatrudhan Kumar S/O Late Bhagwan Das @ Late Bhagwan Das Thathera
                 R/o - Ramchandrapur Bus Stand, P.S - Laheri, District - Nalanda

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr.Narendra Kumar Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-06-2026                    Heard Mr.Amresh Kumar Sinha, learned counsel

                   for the petitioner and Mr.Narendra Kumar Singh, learned A.P.P.

                   for the State.

                                2. The petitioner seeks bail, who is in custody since

                   02.04.2026 in connection with Rahui P.S. Case No. 157 of

                   2026, F.I.R. dated 02.04.2026 registered for the offence

                   punishable under Sections 317(4),317(5),310(4),310(5) of BNS

                   and Section 25(1-b)(a),26,35 of Arms Act.

                                3. Allegation against the petitioner is that he used to

                   purchase stolen electric wires from other co-accused and used to

                   keep them in his warehouse.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has falsely been implicated in the

                   present case on the basis of the disclosure made by the
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          apprehended co-accused person. It appears from the FIR as well

          as the seizure list that the arms has been recovered from

          possession of the co-accused person and only one Vivo mobile

          and three bundles of wire were recovered from possession of the

          petitioner. Learned counsel for the petitioner submits that from a

          bare perusal of the FIR as well as the seizure list it appears that

          the seizure list witnesses are police personnel so there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and except

          the disclosure made by the co-accused person, nothing has come

          during investigation against the petitioner to suggest the

          involvement of the petitioner in the present occurrence and the

          petitioner is in custody since 02.04.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the recovery has been

          from the Godown of the petitioner, apart from that, the

          petitioner carries one more case other than the present one but

          he fairly submits that the petitioner is on police bail in the said

          case, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, be released on bail on furnishing bail bond of

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

          each to the satisfaction of learned CJM, Nalanda, Biharsharif in
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                         connection with Rahui P.S. Case No. 157 of 2026, with the

                         following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) 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.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T