Patna High CourtCR. MISC./64311/2025bail granted

Pawan Kumar v. The State Of Bihar

2025-09-11Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64311 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- HULASGANJ District- Jehanabad ====================================================== Pawan Kumar Son of Bhim yadav R/o Village - Maharo Goriya(Goraiya), P.S. - Ishlampur, Dist. - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hulasganj P.S. Case No. 15 of 2025 instituted for the offences under Sections 309(5), 317(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26/35 of the Arms Act.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing robbery of tempo on the point of pistol. It is alleged that the police has recovered one country-made Katta and two live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.64311 of 2025(2) dt.11-09-2025 2/3 against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the same have been recovered from the alleged tempo. The petitioner had no knowledge that the tempo upon which he is sitting is stolen one. The petitioner has no concern with the alleged occurrence. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and is languishing in judicial custody since 15.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hulasganj P.S. Case No. 15 of 2025, subject to the following conditions;

Patna High Court CR. MISC. No.64311 of 2025(2) dt.11-09-2025 3/3 (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T