Gautam Kumar @ Shibu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47330 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== Gautam Kumar @ Shibu, Son Of Late Laxmi Prasad, R/O Rai Sheetal Prasad Road, Near National Public School, P.S.-Kotwali, Dist-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2025

1. Heard Mr. Bhola Kumar, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned APP for the State.

2. The petitioner seeks regular bail in connection with Pakriwarawa P. S. Case No. 36 of 2025, dated 25.01.2025 registered for the offences punishable under Sections 305 and 331(4) of the B.N.S.

3. The main submissions advanced by the petitioner's counsel are that the petitioner has been made accused in the present matter mainly on the basis of his confessional statement and co-accused's confessional statement recorded by them before the police in the present matter but except this there is no any other material or evidence to connect him to the alleged theft and the police fails to recover any incriminating material

Patna High Court CR. MISC. No.47330 of 2025(2) dt.04-08-2025 2/2 including any part of the stolen ornaments from the possession of this petitioner or on the basis of any disclousre made by him. It is further submitted that the petitioner has been languishing in jail since 30.04.2025 and against him the investigation has been completed.

4. Though, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepts that against this petitioner except the aforesaid confessional statements, there is nothing material.

5. Considering the aforesaid submissions advanced by the petitioner's counsel and mainly the petitioner's custody period and the basis of the prosecution upon which the petitioner has been made accused and coupled with the completion of investigation against him, this court is inclined to release him on bail. Accordingly, let the petitioner namedabove, be enlarged on bail in connection with Pakriwarawa P. S. Case No. 36 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T