Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13177 of 2026 Arising Out of PS. Case No.-140 Year-2025 Thana- TEKARI District- Gaya ====================================================== 1.

Ashok Paswan S/O Parichhan Paswan @ Pariksh Paswan R/O VillageDariyapur, P.S- Belaganj, Distt.- Gaya. 2.

Pankaj Paswan S/O Parichhan Paswan @ Pariksh Paswan R/O VillageDariyapur, P.S- Belaganj, Distt.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Tekari P.S. Case No. 140 of 2025 instituted for the offences under Sections 334(1), 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the informant's shop was broken into and theft of cash and valuables worth about Rs. 4 lakhs was committed.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Petitioners are not named in the F.I.R. The name of the petitioner No.1 transpired in this case on the basis of

Patna High Court CR. MISC. No.13177 of 2026(2) dt.25-02-2026 2/3 confessional statement of the co-accused Pankaj Kumar and name of petitioner No.2 is disclosed by petitioner No.1. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners has got no concern with the stolen articles. It has been submitted on behalf of the petitioners that the petitioners are in custody since 15.07.2025 and has five (5) criminal antecedents. Other co-accused has been granted bail by this Court vide order dated 06.02.2026, passed in Cr. Misc. No. 82017 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tekari P.S. Case No. 140 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioners own or a

Patna High Court CR. MISC. No.13177 of 2026(2) dt.25-02-2026 3/3 close family member.

(II) The petitioners shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioners 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) Raj Kishore/- U T