Pawan Kumar @ Pawan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80751 of 2025 Arising Out of PS. Case No.-563 Year-2025 Thana- RAJGIR District- Nalanda ====================================================== Pawan Kumar @ Pawan Prasad Yadav Son of Baleshwar Yadav Resident of Village- Lilabag Jethiyan, P.S.- Atri in the district of Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2026 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 319(2), 304(2), 308(4) of B.N.S.

3. The case of the prosecution is that when the informant has gone in a hotel with her fiance, one person forcibly took his mobile and bike and demanded Rs. 20,000/- posing himself as police.

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 he was apprehended by the police on the basis of suspicion. He has also given his confessional statement and on the basis of his disclosure, mobile, bike and key of the bike were recovered.

Patna High Court CR. MISC. No.80751 of 2025(3) dt.21-01-2026 2/2 Nothing has been recovered from his possession. From perusal of the seizure list, it will transpire that the witnesses are police personnel. Police has not followed Section 105 of B.N.S.S. while preparing seizure. It has also been submitted that this case is triable my learned Magistrate. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover,he is languishing in judicial custody since 25.09.2025.

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 Rajgir P.S. Case No. 563 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, Nalanda.

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