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Patna High CourtCR. MISC./42180/2026bail granted

Pankaj Kumar v. The State Of Bihar

2026-07-06Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42180 of 2026 Arising Out of PS. Case No.-54 Year-2014 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Pankaj Kumar Son of Naresh Ray Resident of Mohalla- Ward No. 08, Mohanpur, P.S.- Samastipur Muffasil, District- Samastipur (Bihar) 2.

Amit Kumar Son of Ashok Ray Resident of Mohalla- Ward No. 08, Mohanpur, P.S.- Samastipur Muffasil, District- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 Heard the parties.

2.The petitioners are named in the F.I.R. and apprehending their arrest in connection with Samastipur Muffasil P.S. Case No. 54 of 2014 registered for the offences punishable under Sections 379 of IPC.

3. As per FIR the motorcycle of informant was stolen by unknown miscreants.

4. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioner was apprehended in Samastipur Town P.S. Case No. 182 of

Patna High Court CR. MISC. No.42180 of 2026(2) dt.06-07-2026 2/3 2014, where he was the pillion rider alongwith Tinku Choudhary who was driving the motorcycle and was apprehended by the police. It is submitted that said motorcycle upon investigation found stolen motorcycle of the informant of the present case. It is submitted that on the basis of self confessions/ confessional statement of co-accused as made in Samastipur Town P.S. Case No. 182 of 2014, the petitioner was implicated with present crime in question, where he has already acquitted by ld. Trial court. It is argued that motorcycle of informant was not recovered from the possession of this petitioner rather from the co-accused Tinku Choudhary. Petitioners claimed clean antecedents.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as recovery of motorcycle of the informant not appears to be made from the physical possession of these petitioners, accordingly both abovenamed petitioners, in the event of their arrest or

Patna High Court CR. MISC. No.42180 of 2026(2) dt.06-07-2026 3/3 surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur /concerned Court, where the case is pending in connection with Samastipur Muffasil P.S. Case No. 54 of 2014, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T