Kundan Paswan @ Kundan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41814 of 2026
                      Arising Out of PS. Case No.-21 Year-2026 Thana- SABAUR District- Bhagalpur
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                 Kundan Paswan @ Kundan Kumar, Son of Mukundi Paswan, Resident of
                 Dabudwat, Near Middle School, Shahjadpur, P.S.- Habibpur, District-
                 Bhagalpur.
                                                                        ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-06-2026                       Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Sabour P.S.

                   Case No.21 of 2026 registered under Sections 309(4) and

                   204 of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3.    As per FIR, unknown miscreants committed

                   robbery upon informant and while committing so, looted his

                   mobile phone and cash of Rs. 20,000/-. The accused

                   persons came to informant on Honda City Car.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that one of the co-accused, namely Anmol

                   Kumar Mishra apprehended by the police, who in his
Patna High Court CR. MISC. No.41814 of 2026(2) dt.30-06-2026
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          confessional statement named this petitioner out of village

          enmity, as both apprehended co-accused person and the

          petitioner are of same village. It is submitted that the looted

          mobile phone was recovered from the apprehended co-

          accused and also the Honda City Car, which was used in

          committing offence was recovered on the instance of

          apprehended co-accused person. It is pointed out that the

          cash of Rs. 500/- was also recovered from apprehended co-

          accused. It is submitted that as all looted materials were

          recovered from apprehended co-accused person, therefore,

          arrest of this petitioner could not serve any purpose of

          justice particularly, for the purpose of investigation, as same

          appears almost completed. The petitioner claimed clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact, as the looted articles already recovered

          from the apprehended co-accused person, where name of

          this petitioner prima facie, appears on the basis of suspicion

          arising out of confessional statement of co-accused,
                Patna High Court CR. MISC. No.41814 of 2026(2) dt.30-06-2026
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                          accordingly, the petitioner, above-named, in the event of his

                          arrest or surrender in the court below within a period of four

                          weeks from today, is directed to be released on bail on

                          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                          with two sureties of the like amount each to the satisfaction

                          of the learned C.J.M., Bhagalpur in connection with Sabour

                          P.S. Case No.21 of 2026, subject to the conditions as laid

                          down under Section 438(2) of the Code of Criminal

                          Procedure (in short ‘CrPC’)/under Section 482(2) of the

                          Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                         (Chandra Shekhar Jha, J.)
    Sanjeet/-

U         T