Ganga Paswan @ Ganga Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44721 of 2026 Arising Out of PS. Case No.-134 Year-2025 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Ganga Paswan @ Ganga Kumar S/o Sikandar Paswan Resident of Village - Gopalpur, P.S.- Industrial Area, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2026 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioner and Mr. Md. Ataur Rahman, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 18.109.2025, in connection with Industrial P.S. Case No. 134 of 2025, F.I.R. dated 12.09.2025 registered for the offences punishable under Sections 305(a) of the B.N.S., 2023

3. The F.I.R. of the occurrence of theft is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused person Rajan Kumar

Patna High Court CR. MISC. No.44721 of 2026(2) dt.03-07-2026 2/3 @ Nitish Kumar and nothing has been recovered from the conscious possession or the house of the petitioner and till date no TIP was conducted by the prosecution. Learned counsel for the petitioner further submits that except the confessional statement of co-accused person, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 18.09.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases of similar nature other than the present one.

6. Considering the facts and circumstances of the case and the fact that the petitioner is not named in the F.I.R and the name of the petitioner has been transpired on the basis of disclosure made by apprehended co-accused person and till date no TIP was conducted by the prosecution as well as period of custody, let the petitioner, above named, 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 learned A.C.J.M. II, Bhagalpur in connection with Industrial P.S. Case No. 134 of 2025, subject to the following conditions :-

Patna High Court CR. MISC. No.44721 of 2026(2) dt.03-07-2026 3/3

(1) 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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) Ibrar//- U T