Pawan Kumar @ Lipsi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32240 of 2026 Arising Out of PS. Case No.-234 Year-2025 Thana- NAGARNAUSA District- Nalanda ====================================================== Pawan Kumar @ Lipsi S/O Shiv Kumar Prasad R/O Village- Mohiuddinpur, P.S- Nagarnausa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2026 Learned counsel for the petitioner is permitted to make necessary correction in Paragraph No.4 of the bail petition in course of the day.

2. Heard Mr.Birendra Kumar, learned counsel for the petitioner and Mr.Nagendra Prasad, learned A.P.P. for the State.

3. The petitioner seeks bail, who is in custody since 27.02.2026 in connection with Nagarnausa P.S. Case No. 234 of 2025, F.I.R. dated 11.09.2025 registered for the offence punishable under Section 309(6) of BNS, 2023.

4. The FIR of the occurrence of loot is against unknown.

5. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the

Patna High Court CR. MISC. No.32240 of 2026(2) dt.12-05-2026 2/3 confessional statement of co-accused person namely, Ganesh Kumar and nothing has been recovered from conscious possession or the house of the petitioner and except the confessional statement of co-accused person, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and till date no TIP has been conducted by the prosecution and the petitioner has been remanded in the present case from Nagarnausa P.S. Case No. 240 of 2025 on 27.02.2026.

6. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one, as mentioned in para-3 of the bail petition.

7. Considering the aforesaid facts, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person and till date no TIP has been conducted by the prosecution, 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 learned A.C.J.M-Ist Hilsa, Nalanda in connection with Nagarnausa P.S. Case No. 234 of 2025, with the following

Patna High Court CR. MISC. No.32240 of 2026(2) dt.12-05-2026 3/3 conditions:- (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/her absence on two consecutive dates without sufficient reason, his/her 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) Nitesh/- U T