Pappu Kumar Swarnkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37219 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- LAXMIPUR District- Jamui ====================================================== Pappu Kumar Swarnkar son of Gopal Soner Village- Gidhour PS -Gidhour Distt -Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No. 52 of 2025 instituted for the offences under Sections 331(4), 305(a) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that unknown persons committed theft in the house of the informant when he and his family members were not present in the house.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Bikki Kumar and Ravi Kumar. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.37219 of 2025(3) dt.11-09-2025 2/2 petitioner. Learned counsel further submitted that petitioner has got no concern with the theft articles. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. The co-accused person has already been granted regular bail by this Court vide order dated 18.06.2025 passed in Cr. Misc. No. 36827 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case, in my view, this is a fit case for regular bail, and as such, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T