Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11763 of 2026 Arising Out of PS. Case No.-249 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Pawan Kumar Son of Bharat Singh Resident of Village Pachhiyan Dih, P.S.- Muffasil, District - Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Junior Electrical Engineer, electric Supply Division, Nawada (Rural) P.S. Town, District Nawada Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Advocate For the State :
Mr. Shantanu Kumar, APP For the Opposite Party No.2:
Mr. Vaibhava Veer Shanker, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner, learned counsel for O.P. No. 2 and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 249 of 2024, instituted under Sections 126(2), 132, 115(2), 121(2), 303(2), 3(5) of the B.N.S.
3. As per the prosecution case, raiding party for stopping the electric theft reached at the house of Sumitra Devi and found her electric connection cut from before. When the raiding party departing after cutting her service wire, petitioner and 4 to 5 villagers caught caller of Manoj Kumar Shashtri and pushed him and assaulted him. When raiding party started fleeing away to save their life, accused persons did brick batting
Patna High Court CR. MISC. No.11763 of 2026(4) dt.12-05-2026 2/3 on them causing injury. Petitioner took out Rs. 500/- from the pocket of Chandan Kumar.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Separate F.I.R. being Muffasil P.S. Case No. 247 of 2024 has been lodged against the mother of the petitioner. Raiding party were cutting the wire. The petitioner tried to convince them that he was not using electric energy and on that issue verbal dual took place with the raiding party and due to that raiding party implicated the petitioner and his family members with a purpose to harass them. Independent witnesses were eyewitnesses of the occurrence have not supported the allegation of assault as alleged. Allegation of theft against the petitioner is super-addition. Petitioner has three criminal antecedents in which he is on bail, out of which two belong to Excise Act. Petitioner undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State and learned counsel for O.P. No. 2 oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, submission of learned counsel for the parties and nature of allegation, in the event of arrest or surrender before the Court
Patna High Court CR. MISC. No.11763 of 2026(4) dt.12-05-2026 3/3 below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Nawada in connection with Muffasil P.S. Case No. 249 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023 with following conditions:
(i) The petitioner shall co-operate in the investigation/trial and 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;
(ii) The petitioner 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;
(Sunil Dutta Mishra, J) rakhi/- U T