Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28448 of 2026 Arising Out of PS. Case No.-142 Year-2025 Thana- BANGAWON District- Saharsa ====================================================== Pawan Kumar S/o Ram Bilash Tanti Resident of Village- Bariyahi Bazar Tola Safabad, PS- Bangaon, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Harun Quareshi, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 309(4), 317(2) and 317(5) of BNS.

3. The case of the prosecution is that some unknown miscreants have snatched the bike of the informant who is a delivery boy of Zomato.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the FIR was lodged against unknown miscreants. During course of investigation, the petitioner has given his confessional statement. Save and except confessional statement, there is nothing against this petitioner.

Patna High Court CR. MISC. No.28448 of 2026(2) dt.05-05-2026 2/2 Nothing has been recovered from the possession of the petitioner. The seizure list witnesses are police personnel and police has not followed Section 105 of BNSS while preparing the seizure. Moreover, he is languishing in judicial custody since 21.09.2025 and he is having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that from perusal of the order of the learned trial court, it is clear that the recovery of bike has been made from the house of the maternal uncle of the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bangaon P.S. Case No. 142 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 1st Saharsa. (Ashok Kumar Pandey, J) Shubham/- U T