Johan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90233 of 2025
                       Arising Out of PS. Case No.-209 Year-2024 Thana- AGIAON District- Bhojpur
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           1.     Johan Kumar S/O Lal Babu Singh R/O Village- Asani, P.S- Udawantnagar,
                  Distt.- Bhojpur.
           2.    Vikash Kumar S/O Vinod Singh R/O Village- Asani, P.S- Udawantnagar,
                 Distt.- Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Prabhat Kumar Singh, Advocate
                 For the State           :        Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-01-2026                    Heard Mr. Prabhat Kumar Singh, learned counsel for

                   the petitioners and Mrs. Renu Kumari, learned APP for the

                   State.

                                 2. Petitioners seek bail, who are in custody since

                   26.10.2025, in connection with Agiaon (G) P.S. Case No. 209 of

                   2024, F.I.R. dated 10.12.2024 registered for the offences

                   punishable under Sections 303(2) of B.N.S. , 2023.

                                 3. The F.I.R. of the occurrence of theft of motorcycle

                   is against unknown.

                                 4. Learned counsel for the petitioners submits that the

                   petitioner no. 1 carries two more cases other than the present

                   one and petitioner no. 2 carries one more case in which they are
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          on bail in the pending matters and they have been falsely

          implicated in the present case.              He further submits that the

          motorcycle in question has been recovered in another case

          bearing Udwantnagar P.S. Case No. 53 of 2025 and petitioner

          no. 1 is also accused in Udwantnagar P.S. Case No. 53 of 2025

          and he has been granted bail in Udwantnagar P.S. Case No. 53

          of 2025 under Section 30(a) of the Bihar Pohibition and Excise

          Act, 2018. Learned counsel for the petitioners submits that in

          the aforesaid Udwantnagar P.S. Case No. 53 of 2025, illicit

          liquor along with motorcycle was also recovered from the place

          of occurrence and petitioners have no concern at all with the

          alleged recovery of motorcycle in question. He further submits

          that the police after investigation submitted chargesheet against

          the petitioners and the petitioners are in custody since

          26.10.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                  bail of the

          petitioners and submits that the motorcycle was recovered from

          the possession of the petitioners in Udwantnagar P.S. Case No.

          53 of 2025 and apart from aforesaid petitioner no. 1 carries two

          more cases and petitioner no. 2 carries one more case but fairly

          submitted on the basis of paragraph-3 of the bail petition that
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          the petitioners are on bail in the pending matters.

                       6. Considering the facts and circumstances of the

          case, let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of learned A.C.J.M. Bikramganj, Rohtas in connection with

          Agiaon (G) P.S. Case No. 209 of 2024, subject to the following

          conditions :-

                       (1) Petitioners 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 their absence on two consecutive dates without

          sufficient reason, their bail bonds shall be cancelled by the

          Court below.

                       (2) If the petitioners tamper 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 petitioners and in case at

          any stage, it is found that the petitioners have concealed their

          criminal antecedents, the court below shall take step for

          cancellation of bail bond of the petitioners.         However, the
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                         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)
Ibrar//-

U          T