Subodh Kumar @ Subodh @ Podaar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68554 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- GAYA RAIL P.S. District- Gaya ====================================================== 1.

Subodh Kumar @ Subodh @ Podaar Son of Shambhu Raj @ Shambhu Ray R/o Vill. - Ganjpar, P.S - Athmalgola, Dist. - Patna. 2.

Pawan Kumar Son of Late Chandeshwar Raj R/o Vill. - Ganjpar, P.S - Athmalgola, Dist. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-09-2025 After some arguments, learned counsel for the petitioners prays for withdrawal of the anticipatory bail application on behalf of petitioner no.1 in order to surrender and seeks regular bail.

2. Permission is granted.

3. This application is dismissed as withdrawn with liberty that if the petitioner surrenders and seeks regular bail within a period of two weeks before the learned Court below, the same shall be considered on its own merit without being prejudiced by the present order of withdrawal.

4. Now, the instant applications survives only with respect to petitioner no.2.

Patna High Court CR. MISC. No.68554 of 2025(2) dt.26-09-2025 2/3

5. Heard learned counsel for the petitioner and learned APP for the State.

6. The petitioner apprehends his arrest in connection with Gaya Rail P.S. Case no.189 of 2025 registered under sections 305(c) and 304 of the B.N.S, 2023.

7. The allegation in the F.I.R relates to snatching of purse and other articles of different persons in the train.

8. Learned counsel for the petitioner submits that F.I.R was lodged against unknown persons. The name of the petitioner has transpired in this case only on confessional statement of co-accused Sumit Kumar made before police. No incriminating article has been recovered from his possession. The petitioner has no criminal antecedent and undertakes to cooperate in case/trial.

9. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the matter relates to train robbery.

10. Taking into consideration the aforesaid facts of the case and also considering that name of the petitioner has transpired on confessional statement of co-accused made before police which has no evidentiary value and no recovery has been made from his possession, it is directed that the petitioner no.2,

Patna High Court CR. MISC. No.68554 of 2025(2) dt.26-09-2025 3/3 namely Pawan Kumar who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Gaya Rail P.S. Case no.189 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T