Aniket KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44448 of 2026
                        Arising Out of PS. Case No.-157 Year-2026 Thana- RAHUI District- Nalanda
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                 Aniket Kumar S/o Ramashray Ravidas @ Ramashray Das Resident of
                 Village- Bandoh, P.S.- Rahui (Bhagan Bigha), District- Nalanda, Bihar

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Ms. Shilpi Keshri, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-07-2026                     Heard Ms. Shilpi Keshri, learned counsel for the

                   petitioner and Mr. Nand Kumar, learned APP for the State.

                                2. 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 offences

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

                   B.N.S., 2023 and Section 25(1-B)(a)/26 and 35 of the Arms Act.

                                3. Allegation against the petitioner is that he used to

                   cut electric wire from different places and sell stolen electric

                   wire to other co-accused.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case. From perusal of the F.I.R. it

                   appears that nothing incriminating article has been recovered
Patna High Court CR. MISC. No.44448 of 2026(2) dt.03-07-2026
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          from the possession of the petitioner only one VIVO Smart

          phone was recovered from possession of the petitioner and other

          articles have been recovered from the vehicle in question.

          Petitioner is neither the owner nor the driver of the vehicle in

          question. She further submits that similarly situated co-accused

          person, namely, Shatrudhan Kumar has been granted bail by

          this Court vide order dated 23.06.2026 passed in Cr. Misc. No.

          39833 of 2026, another co-accused person, namely, Subodh

          Kumar has been granted bail by a Coordinate Bench of this

          Court vide order dated 08.06.2026 passed in Cr. Misc. No.

          35987 of 2026             and the petitioner is in custody since

          02.04.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that nothing incriminating article has been

          recovered from the possession of the petitioner and similarly

          situated co-accused persons have been granted bail by this Court

          or by a Coordinate Bench of this Court, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like
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                         amount each to the satisfaction of                   learned   Chief Judicial

                         Magistrate, Nalanda in connection with Rahui P.S. Case No. 157

                         of 2026, subject to the following conditions :-

                                      (1) 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 absence on two consecutive dates without sufficient

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

                                      (2) If the petitioner tampers with the evidence or the

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

                         for cancellation of bail.

                                      (3) 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 antecedents, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T