Pankaj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71294 of 2025 Arising Out of PS. Case No.-244 Year-2025 Thana- BUXAR District- Buxar ====================================================== Pankaj Kumar Gupta S/o Pradeep Kumar Gupta Resident OF Lalganj, PSBuxar m, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with S.Tr. No. 284 of 2025, arising out of Buxar (Town) P.S. Case No. 244 of 2025 instituted for the offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution story, in brief, is that on 14.05.2025, informant alleged that he had gone to the Collectorate Campus on his Hero Splendor Plus motorcycle, and upon returning at about 1:00 PM, he found it missing despite searching the entire vicinity.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.07.2025. Petitioner

Patna High Court CR. MISC. No.71294 of 2025(2) dt.13-10-2025 2/3 bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Ujjawal Kharwar @ Priyanshu, who allegedly confessed that motorcycle was kept in the scrap shop of the petitioner. In this connection, it is submitted that petitioner had no knowledge that motorcycle in question was stolen one. Charge sheet has already been submitted in this case, thereafter, charge is also framed in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.Tr. No. 284 of

Patna High Court CR. MISC. No.71294 of 2025(2) dt.13-10-2025 3/3 2025, arising out of Buxar (Town) P.S. Case No. 244 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T