Roushan Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50548 of 2025 Arising Out of PS. Case No.-718 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Roushan Pandey, S/o- Chandra Shekhar Pandey, R/o- Keshari Nagar Road No-9, Baba Chowk P.S. Patliputra Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Prasad Yadav, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-08-2025
1. Heard Mr. Ganesh Prasad Yadav, learned counsel for the petitioner and Mr. Bharat Lal, learned APP for the State.
2. The petitioner seeks regular bail in connection with Kadamkuan P. S. Case No. 718 of 2024, dated 18.09.2024, registered for the offences punishable under Sections 331(5) and 305 of the B.N.S.
3. The main submissions advanced by the petitioner's counsel are that the FIR has been registered against unknown persons and the same relates to the theft of cash and valuable articles kept in the cupboard of the informant, during the course of investigation, the petitioner was remanded in the present matter while he was already in custody in connection with Rajiv Nagar P.S. Case No. 177 of 2024. It is further submitted that
Patna High Court CR. MISC. No.50548 of 2025(2) dt.11-08-2025 2/3 with respect to the petitioner's involvement in the alleged theft, the police are mainly relying upon his confessional statement and the statement of a co-accused recorded before the police, which have no evidentiary value in law. It is further submitted that the police failed to recover any part of the stolen articles after the petitioner was taken into custody in the present matter, therefore, except the said confessional statements, there is nothing to connect the petitioner with the alleged crime of theft and the investigation against him has been completed.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the aforesaid submissions advanced by petitioner's counsel and mainly the facts that for proving petitioner's involvement in the alleged crime of theft, the prosecution is mainly relying upon the confessional statements of the petitioner and co-accused recorded by them before the police and coupled with the completion of investigation against the petitioner, in my opinion, this is a fit case for bail. Accordingly, let the petitioner named-above, be enlarged on bail in connection with Kadamkuan P. S. Case No. 718 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.50548 of 2025(2) dt.11-08-2025 3/3 the Court concerned.
(Shailendra Singh, J) Rajiv/ U T