Amar Dayal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46474 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- PAWANA District- Bhojpur ====================================================== Amar Dayal Kumar Son of Ram Dayal Singh Resident of Village - Ghorpokhar, P.S.- Udwantnagar, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pawana P.S. Case No. 5 of 2025 instituted for the offences under Section 309(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that motorcycle and mobile phone of the informant was looted by unknown.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel
Patna High Court CR. MISC. No.46474 of 2025(2) dt.29-07-2025 2/2 further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted motorcycle. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.03.2025 and has two criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the 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 Court below/concerned Court in connection with Pawana P.S. Case No. 5 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T