Kundan Paswan @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41814 of 2026 Arising Out of PS. Case No.-21 Year-2026 Thana- SABAUR District- Bhagalpur ====================================================== Kundan Paswan @ Kundan Kumar, Son of Mukundi Paswan, Resident of Dabudwat, Near Middle School, Shahjadpur, P.S.- Habibpur, DistrictBhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Sabour P.S. Case No.21 of 2026 registered under Sections 309(4) and 204 of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. As per FIR, unknown miscreants committed robbery upon informant and while committing so, looted his mobile phone and cash of Rs. 20,000/-. The accused persons came to informant on Honda City Car.
4. It is submitted by learned counsel appearing for the petitioner that one of the co-accused, namely Anmol Kumar Mishra apprehended by the police, who in his
Patna High Court CR. MISC. No.41814 of 2026(2) dt.30-06-2026 2/3 confessional statement named this petitioner out of village enmity, as both apprehended co-accused person and the petitioner are of same village. It is submitted that the looted mobile phone was recovered from the apprehended coaccused and also the Honda City Car, which was used in committing offence was recovered on the instance of apprehended co-accused person. It is pointed out that the cash of Rs. 500/- was also recovered from apprehended coaccused. It is submitted that as all looted materials were recovered from apprehended co-accused person, therefore, arrest of this petitioner could not serve any purpose of justice particularly, for the purpose of investigation, as same appears almost completed. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact, as the looted articles already recovered from the apprehended co-accused person, where name of this petitioner prima facie, appears on the basis of suspicion arising out of confessional statement of co-accused,
Patna High Court CR. MISC. No.41814 of 2026(2) dt.30-06-2026 3/3 accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Sabour P.S. Case No.21 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T