Prem Sagar KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85710 of 2025
                        Arising Out of PS. Case No.-23 Year-2025 Thana- CHANDI District- Bhojpur
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                 Prem Sagar Kumar, S/o Ramnath Ray @ Ramnath Rai, Resident of Village -
                 Jamira, P.S, - Ara Mufasil, District - Bhojpur
                                                                         ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Chandi P.S. Case No.23 of 2025 registered for the

                   offences punishable under Sections 334(1) and 303(2) of the

                   Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).

                                3. The accused/petitioner is not named in the FIR

                   and is in custody since 10.10.2025.

                                4. The allegation against petitioner is to commit

                   theft along with co-accused persons in the shop of the

                   informant doing business of mobile and related accessories.

                                5. It is submitted by learned counsel appearing for

                   petitioner that the name of petitioner transpired on the basis
Patna High Court CR. MISC. No.85710 of 2025(2) dt.05-02-2026
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          of confessional statement of co-accused Manish Kumar, in

          furtherance of which, no incriminating material has been

          recovered/surfaced from possession of this petitioner. It is

          submitted that said co-accused Manish Kumar was also

          granted bail by this Court through Cr. Misc. No.25200 of

          2025 dated 28.07.2025. The petitioner was not put on T.I.P.

          as yet. While concluding argument, it is submitted that

          investigation of this case is already completed, for which,

          charge-sheet has been submitted and, as such, there is no

          chance of tampering with the evidence and moreover

          petitioner claimed clean antecedent. It is pointed out that the

          mobile alleged to be recovered was not put for its

          identification.

                       6. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as prima facie stolen mobile not appears

          connected in want of its identification by the informant, as

          submitted above, coupled with the fact that investigation of

          this case is already completed, where petitioner remains in
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                     custody since 10.10.2025, accordingly, the petitioner, above-

                     named, is directed to be released on bail furnishing bail bond

                     of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

                     the like amount each to the satisfaction of the learned Judicial

                     Magistrate-1st Class, Bhojpur in connection with Chandi P.S.

                     Case No.23 of 2025 subject to the conditions as laid down

                     under Section 437(3) of the Code of Criminal Procedure (for

                     short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik

                     Suraksha Sanhita (for short ‘BNSS’).


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T