Niraj Kumar @ Niraj Kumar MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81500 of 2025
                      Arising Out of PS. Case No.-282 Year-2024 Thana- ROSERA District- Samastipur
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                 Niraj Kumar @ Niraj Kumar Mahto S/O Ram Dinesh Mahto Resident of
                 Village - Bataha, Ward No.- 11, P.O- Udaypur, P.S- Rosera ,Dist- Samastipur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Navin Kumar, Advocate
                 For the Opposite Party/s :        Mr.Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Rosera

                   P.S. Case No. 282 of 2024, instituted for the offences under

                   Sections 317(2), 317(5), 338, 336(3) and 340(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that Police raided the

                   house of co-accused and recovered three motorcycles without

                   any proper document.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   petitioner has valid paper of the said motorcycles. No

                   incriminating/looted article has been recovered from the

                   conscious possession of the petitioner. Learned counsel further
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          submitted that petitioner has got no concern with the stolen

          motorcycle. After investigation Charge-sheet has been submitted

          in this case u/s 317(2), 317(5), 338, 336(3) and 340(2) of the

          I.P.C. It has been submitted on behalf of the petitioner that the

          petitioner is in custody since 13.08.2025 and has three criminal

          antecedents. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case, as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Rosera P.S. Case

          No. 282 of 2024, subject to the following conditions:

                        (I) One of the bailors shall be the petitioner’s own or

          close member.

                        (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two
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                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T