IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65780 of 2025 Arising Out of PS. Case No.-797 Year-2024 Thana- BARH District- Patna ====================================================== Pankaj Kumar S/O Chhotan Paswan @ Chhote Paswan R/O Village- Kalithan Malahi, P.S- Barh, District- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Barh P.S. Case No. 797 of 2024 instituted for the offences under Sections 331(4), 305(a) of the Bhartiya Nyaya Sanhita, 2023. 3. As per prosecution case, unknown thieves have committed theft in the informant’s house. It is alleged that when the informant came to her house, she saw that a gold chain of 10 grams, earrings of two pairs of 5 grams, two pairs of anklets of 200 gram and Rs. 35,000/- were missing from her house. It is alleged that in total, goods worth Rs. 1,72,000/- have been stolen. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.65780 of 2025(2) dt.17-09-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R and his name has surfaced in this case on the basis of confessional statement of co-accused, namely, Upendra Kumar, who has been enlarged on bail by this Court vide order dated 08-09-2025, passed in Cr. Misc. No. 61576 of 2025. He further submits that nothing incriminating/stolen article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has ten criminal antecedents and is languishing in judicial custody since 19.02.2025 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner has ten criminal antecedents almost of similar nature of offence. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the Patna High Court CR. MISC. No.65780 of 2025(2) dt.17-09-2025 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Barh P.S. Case No. 797 of 2024, subject to the following conditions : (i) One of the bailor(s) shall be the own/close family members of the petitioner. (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. Raj Kishore/- (Rudra Prakash Mishra, J) U T