Anil Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29514 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- DAWATH District- Rohtas ====================================================== Anil Kumar Pathak S/o- Gupteshwar Pathak Village- Maniya PS- Nawa Nagar Distt- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard Mr. Shivnandan Bharti, learned counsel for the petitioner as well as Ms. Nirmala Kumari, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 03.02.2026 in connection with Dawath P.S. Case No. 30 of 2026, F.I.R. dated 03.02.2026 for the offences punishable under Sections 318(4), 316(2), 61(2), 336(3), 340(2), 111(3) and 3(5) of the Bharatiya Nyay Sanhita, 2023 .

3. The informant alleges that the petitioner, after receiving money as deposit/investment, has willfully failed to repay the same upon maturity.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is not named in the FIR

Patna High Court CR. MISC. No.29514 of 2026(2) dt.04-05-2026 2/3 and his name has been transpired during investigation on the basis of confessional statement of co-accused, namely, Sunil Pandit and and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He next submits that there is no allegation against the petitioner that he issued any receipt, bond, certificate, fixed deposit paper, agreement or any other document in favour of the informant. He further submits that the petitioner is in custody since 03.02.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and his name transpired on the basis of confessional statement of co-accused person and no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas in connection with Dawath P.S. Case No. 30 of 2026, subject to the following conditions:-

Patna High Court CR. MISC. No.29514 of 2026(2) dt.04-05-2026 3/3 i. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the 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) Suruchi/- U T