Patna High Court

Pawan Kumar @ Pawan Sah @ Arbind KumarversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to regular bail.

Summary

Pawan Kumar was charged with purchasing stolen property in a theft case where three children in conflict with the law, identified from CCTV footage, claimed to have sold the stolen articles to him. The petitioner argued that he was falsely implicated, noting that only the allegation of purchase existed, his mother had produced the stolen items to police, and no test identification parade of the articles had been conducted. The State opposed bail, citing the petitioner’s prior criminal antecedents in eight cases and his custody since October 2025. The court examined the lack of direct evidence, the absence of a TIP, and the petitioner’s willingness to cooperate, and decided to grant regular bail. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to conditions of trial cooperation and regular police attendance.

Issues considered

Whether the petitioner is entitled to regular bail under sections 331(4) and 305 of the Indian Penal Code despite prior criminal antecedents.

Legislation cited

Indian Penal Code — s. 305, 331

Subjects

regular bail
theft
children in conflict with law
identification parade
criminal antecedents
section 331
section 305
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14731 of 2026
                    Arising Out of PS. Case No.-765 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Pawan Kumar @ Pawan Sah @ Arbind Kumar S/O Chandrika Sah Resident
                 of Village - Raghunathpur, P.S. -. Raghunathpur, District - East Champaran
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Madhurendra Kumar, Advocate
                 For the Opposite Party/s :      Mr.Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-04-2026                    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 331 (4) and

                   305 of the BNS.

                                3. The case of the prosecution, in short, is that some

                   unknown miscreants committed theft in the house of the

                   informant. Subsequently, three persons were identified from the

                   CCTV footage, who were found to be Children in Conflict with

                   Law (CICL), and they have stated that they had sold the stolen

                   articles to the present petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the
            Patna High Court CR. MISC. No.14731 of 2026(3) dt.18-04-2026
                                                        2/2




                      only allegation against the petitioner is that he has purchased

                      certain stolen property. It is further submitted that the mother of

                      the petitioner has produced certain articles before the police. It

                      is also contended that no Test Identification Parade (TIP) of the

                      stolen articles has been conducted. It is further submitted that

                      the petitioner has criminal antecedents in eight cases and is in

                      custody since 16.10.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid 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 Town P.S. Case No. 765 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, East Champaran, Motihari with the

                      condition that the petitioner shall cooperate in the trial, remain

                      physically present on each and every date, and shall also mark

                      his weekly attendance at Raghunathpur Police Station.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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