Patna High Court
Rockey Pandey @ Nipu Pandey @ NipuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail must be granted as no material was recovered and the charge‑sheet had been filed, subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioners, Abhishek Kumar and Rockey Pandey, were arrested in connection with a theft case (Fatuha PS Case No. 199 of 2025) and charged under Sections 305 and 331(4) of the B.N.S. The prosecution alleged that unknown thieves stole cash and ornaments, and the petitioners' names surfaced during investigation, but no incriminating material was recovered from them. The petitioners, who have several prior criminal cases, applied for bail, arguing that the lack of recovered evidence and the filing of the charge‑sheet warranted release. The State opposed bail, citing the petitioners' criminal antecedents. The Court examined the facts, noted the absence of any seized property from the accused and the fact that the charge‑sheet had already been filed, and concluded that these circumstances favored bail. Accordingly, the Court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to accused under Sections 305 and 331(4) of the B.N.S. when no material has been recovered from them
- Whether the petitioners' prior criminal antecedents preclude the grant of bail
Legislation cited
Subjects
- bail
- criminal procedure
- Sections 305
- Section 331(4)
- no material recovery
- prior criminal antecedents
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6044 of 2026
Arising Out of PS. Case No.-199 Year-2025 Thana- FATUA District- Patna
======================================================
Abhishek Kumar S/o Yogendra Paswan R/o Village- Govindpur Naya Tola,
P.S- Fatuha, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6787 of 2026
Arising Out of PS. Case No.-199 Year-2025 Thana- FATUA District- Patna
======================================================
Rockey Pandey @ Nipu Pandey @ Nipu S/o Dipu Pandey Resident of Village
- Bankipur Gorakh, P.S- Fatuha, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 6044 of 2026)
For the Petitioner/s : Mr.Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 6787 of 2026)
For the Petitioner/s : Mr.Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Since both the petitions arise out of Fatuha P.S. Case
No. 199 of 2025 they are taken up together and are being
disposed of by this common order.
02. Heard learned counsel for the petitioners and
learned APP for the State.
Patna High Court CR. MISC. No.6044 of 2026(2) dt.04-02-2026
2/4
03. In the present case, the petitioners seek bail in
connection with Fatuha P.S. Case No. 199 of 2025
registered for the alleged offences under Sections 305, 331(4)
of BNS.
04. As per prosecution case, unknown thieves
committed theft in the house of the informant and took away
cash, ornaments and other articles from the house. The name of
the petitioners transpired during investigation for being involved
in the said occurrence.
05. Learned counsel for the petitioners submits that
nothing incriminating has been recovered from the person or
possession of the petitioners, who have been made accused in
this case merely on suspicion. The name of the petitioners
transpired in this case during investigation in their confessional
statement but the same has got no sanctity under the law since
no recovery has been made from the petitioners. The petitioners
are having criminal antecedent of seven cases and in some of
the cases they are on bail. The petitioners are in custody since
13.08.2025 and charge sheet has been submitted.
Learned counsel further submits that similarly placed two co-
accused persons have been granted bail by Co-ordinate Bench
vide order dated 29.01.2026 passed in Cr. Misc. No. 5416 of
Patna High Court CR. MISC. No.6044 of 2026(2) dt.04-02-2026
3/4
2026.
06. Learned APP opposes the submission made on
behalf of the petitioners.
07. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioners and
also considering the period of custody of the petitioners and
submission of charge sheet, the petitioners above named are
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-II, Patna City/concerned Court in
connection with Fatuha P.S. Case No. 199 of 2025, subject to
the conditions mentioned in Section 480(3) of B.N.S.S. and also
the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
Patna High Court CR. MISC. No.6044 of 2026(2) dt.04-02-2026
4/4
terms of the bail, the bail bond of the
petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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