Lal Sahab Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4927 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Lal Sahab Pathak S/o Late Chandra Mohan Pathak R/o Village- Pakri, P.S.- Dumaria Ghat, District- East Champaran (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Pandey, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Dumaria Ghat P.S. Case No. 200 of 2024, registered for the alleged offences under Sections 331(4), 305(a), 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, petitioner and 2-3 unknown persons committed theft in the rice mill of the informant and took away a fan, scale and Rs. 40,000/- in cash.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been made accused in this case merely on suspicion as the informant alleged that he identified the

Patna High Court CR. MISC. No.4927 of 2025(2) dt.12-02-2025 2/3 petitioner from CCTV footage. Learned counsel further submits that now the matter has been compromised between the parties and the informant is not willing to proceed with the matter. The petitioner is in custody since 27.09.2024 and charge-sheet has been submitted. The petitioner is having antecedent of four cases but they are not of similar nature.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, East Champaran at Motihari/court concerned in connection with Dumaria Ghat P.S. Case No. 200 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.4927 of 2025(2) dt.12-02-2025 3/3 every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T