IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5116 of 2025 Arising Out of PS. Case No.-415 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Guddu Pasi Son of Munni Pasi Village -Auraiyan, Ps- Kudra, Dist- Kaimur at Bhabua ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Tribhuwan Narayan, Advocate For the Opposite Party : Mr. Aditya Narayan Singh.1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 19-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Mohania P.S. Case No. 415 of 2024 registered for the offences punishable under Sections 331(4) and 305 of B.N.S. 3. As per prosecution case, informant’s tractor, trolley, submersible motor and sack of wheat were stolen from storage house (baithka) of the informant by unknown miscreants. Hence, FIR has been lodged against unknown persons. 4. Learned counsel for the petitioner submits that petitioner is not named in FIR and his name has been surfaced in this case upon the confessional statement of the co-accused Alok Singh Yadav. He further submits that except confessional Patna High Court CR. MISC. No.5116 of 2025(3) dt.19-04-2025 2/3 statement of co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that the alleged tractor is said to have been recovered in front of the shop of the co- accused Alok Singh Yadav. Petitioner has nothing to do with the alleged occurrence. Petitioner is quite innocent and has committed no offence as alleged in the FIR. Petitioner is in custody since 24.09.2024, as mentioned in impugned order. He bears criminal antecedent of two cases in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. 5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner by submitting that petitioner has participated in the alleged occurrence as the same is evident from Para 67 of the case diary. Hence, he does not deserve bail. 6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) Patna High Court CR. MISC. No.5116 of 2025(3) dt.19-04-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, Mohania, Kaimur at Bhabua in connection with Mohania P.S. Case No. 415 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. alok/- (Alok Kumar Pandey, J) U T