IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89207 of 2025 Arising Out of PS. Case No.-473 Year-2024 Thana- TRIVENIGANJ District- Supaul ======================================================

Amit Yadav @ Amit Kumar S/O- Deep Narayan Yadav R/V- Nishiharpur Ps-

Shankarpur Dist- Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ranjit Kumar Singh, Adv.

For the Opposite Party/s : Mr.Ahmad Ali, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

3 23-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Triveniganj P.S. Case No. 473 of 2024 dated 14.11.2024 registered for the offence punishable under Section/s 334(1) &

303(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, some unknown persons have committed theft in the shop of the Informant by breaking locks and therein 10 sacks of wheat, cash of Rs. 10,000/- and one motorcycle Pulsar bearing Regd. No. BR50AB 9969, water motor & goods wroth Rs. 25,000/- were removed.

4. Learned counsel for the petitioner submits that the name of the petitioner has transpired in this case on the basis of confessional statement of the co-accused Raghu Sardar while only number plate of the motorcycle, in question, is alleged to have been recovered from the house of the petitioner. It is next submitted that while making seizure of the number plate, the procedure, as stipulated under Sections 103 and 105 of the B.N.S.S.,2023, has not been followed. Lastly, it is submitted that the petitioner is a person of clean antecedent.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Having heard learned counsel for the parties and considering the fact that while making seizure of the number plate of the alleged motorcycle, the procedure as stipulated under Sections 103 and 105 of the B.N.S.S.,2023 has not been followed as also the petitioner having no criminal antecedent, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Supaul in connection with Triveniganj P.S. Case No. 473 of 2024, subject to the condition as laid down under Section 482(2)

of the B.N.S.S. as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall who shall provide official document / personal affidavit to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

(Ajit Kumar, J)

rishi/-

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