Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41006 of 2025 Arising Out of PS. Case No.-465 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Pawan Kumar S/o Durga Paswan R/o Village - Saraiya (Khanjahan Chak), P.S.- Lalganj, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudha, Adv For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Lalganj P.S Case No. 465 of 2024 registered for the offences punishable under Sections 309(4) of the Bhartiya Nyaya Sanhita, 2023
3. As per prosecution case, on 04.12.2024, while informant was returning from the Lalganj Registry Office with his wife, they were intercepted near Yogi Brahma Asthan, Village Sirsa by four bike-borne miscreants who fired shots and looted Rs. 1,60,000/- documents, and jewellery from his wife.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next
Patna High Court CR. MISC. No.41006 of 2025(2) dt.09-07-2025 2/3 submits that petitioner is not named in the FIR moreover, his name has been transpires on the basis of his confession. He further submits that nothing has been recovered from the possession of the petitioner nor TIP has been conducted. It is also submitted that petitioner is in judicial custody since 24.12.2024 and he has been remanded in this case on 04.02.2025 having only two criminal antecedent. He further submits that other co-accused has been granted bail vide order dated 18.06.2025 in Cr. Misc. No. 36800 of 2025.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 23.05.2025, it appears that nothing has been recovered from the possession of the petitioner. Moreover, no TIP has been conducted. Investigation has already been concluded and considering the fact that one of the co-accused has already been granted bail vide Cr. Misc. No. 36800 of 2025 and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner 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
Patna High Court CR. MISC. No.41006 of 2025(2) dt.09-07-2025 3/3 Additional Chief Judicial Magistrate-VIII, Hajipur, Vaishali in connection with Lalganj P.S Case No. 465 of 2024 subject to condition that petitioner will physically appear and cooperate in the trial as and when the date fixed by the Trial Court. (Ramesh Chand Malviya, J) Sunnykr/- U