Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33866 of 2025 Arising Out of PS. Case No.-270 Year-2023 Thana- NALANDA District- Nalanda ====================================================== Pawan Kumar S/O Dinesh Prasad R/O Village-Hariyari Bigha,PS- Silao, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No. I, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Nalanda P.S. Case No. 270 of 2023 registered for the alleged offences under Sections 392/34 of the Indian Penal Code.

03. As per prosecution case, three miscreants on a motorcycle overtook the vehicle of the informant and on gunpoint snatched a bag containing Rs. 54,700/-, a Tablet, Aadhar Card, Pan Card, ATM Card and the owner-book of vehicle. The name of the petitioner transpired during investigation for being involved in the robbery.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.33866 of 2025(3) dt.04-09-2025 2/3 case. The petitioner has been named in this case merely on suspicion as he has been made accused on the basis of confessional statement, which has got no legal sanctity. Except for this confessional statement, there is no other material to show the involvement of the petitioner in the aforesaid occurrence. Nothing incriminating has been recovered from the person or possession of this petitioner, who has not been put to any Test Identification Parade. The petitioner has remanded in this case from Warisaliganj P.S. Case No. 114 of 2024 on 17.03.2025. Charge-sheet has been submitted. The petitioner is having antecedent of two cases and he is on bail in both the cases.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and also considering his period of custody along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at

Patna High Court CR. MISC. No.33866 of 2025(3) dt.04-09-2025 3/3 Bihar Sharif/court concerned in connection with Nalanda P.S. Case No. 270 of 2023, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T