Subham Kumar @ Subham Paswan @ Lambu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50135 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Subham Kumar @ Subham Paswan @ Lambu S/O Vijay Paswan R/o Village - Chandralaya, P.S - Hajipur Sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 331(4), 305 and 317(5) of the B.N.S.

3. The case of the prosecution is that some unknown miscreants have committed theft in the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that during investigation, one Nikhil Kumar was arrested and he has given his confessional statement. Learned counsel for the petitioner has submitted that from perusal of the confessional statement of Nikhil Kumar, it is clear that he has named Shivam who is

Patna High Court CR. MISC. No.50135 of 2025(3) dt.16-10-2025 2/2 brother of the petitioner. Nikhil has not named this petitioner whereas he has been arrested by the police and has been framed in this case. It has also been submitted that the confessional statement of this petitioner has also been recorded by the police and the recovery of some stolen articles were made from the banana grove near the bathan of this petitioner. It is a case where a brother of accused has been framed. There is no material against this petitioner in entire investigation. Moreover, he is languishing in judicial custody since 26.03.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 48 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Ashok Kumar Pandey, J) Shubham/- U T