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Patna High CourtCR. MISC./48367/2025bail granted

Pankaj Kumar @ Raja v. The State Of Bihar

2025-09-26Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48367 of 2025 Arising Out of PS. Case No.-520 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== Pankaj Kumar @ Raja S/o Rampravesh Prasad @ Lala Yadav, R/o VillageDhibrapar (Lachchhu Bigha), P.S.- Parasbigha, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Soni Kumari, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bodh Gaya P.S. Case No. 520/2022, registered for the offence under Section 395 of the Indian Penal Code.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 25.05.2025.

4. As per FIR, unknown co-accused persons committed dacoity upon the informant and while committing so, on pistol point snatched cash of Rs. 30,000/-, two ATM cards, 20 grams gold etc., which was in possession of the informant.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner transpired during investigation on the basis of confessional statement of co-accused, namely, Ravindra Paswan, in furtherance of which no incriminating

Patna High Court CR. MISC. No.48367 of 2025(4) dt.26-09-2025 2/3 material recovered/surfaced as to connect petitioner prima facie with present occurrence of dacoity. It is submitted that petitioner was not put on TIP as yet. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner found involved in two more criminal cases, where he is on bail. It is also pointed out that the co-accused, Ravindra Paswan, who confessed the name of this petitioner has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 75922 of 2023 dated 28.02.2024.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused, nothing appears prima facie incriminating against this petitioner as to connect him with present crime of dacoity, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 25.05.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Bodh Gaya P.S. Case No. 520/2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.48367 of 2025(4) dt.26-09-2025 3/3 satisfaction of learned Judicial Magistrate-1st Class, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T