Sarvesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2652 of 2026 Arising Out of PS. Case No.-251 Year-2025 Thana- BELHAR District- Banka ====================================================== Sarvesh Kumar S/O Panchalal Manjhi @ Pancha Manjhi R/O VillageVishanpur, Manjhi Tola, P.S.- Belhar, District- Banka ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-03-2026 Heard Mr. Brij Nandan Prasad, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 30.08.2025 in connection with Belhar P.S. Case No. 251 of 2025, F.I.R. dated 29.08.2025 for the offences punishable under Sections 103(1) of the B.N.S., 2023 and the Police has submitted charge-sheet u/s 103(1), 61(2), 3(5) of the B.N.S., 2023.
3. According to prosecution case, the husband of the informant was found dead in Prakash Yadav's field.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.2652 of 2026(3) dt.18-03-2026 2/3 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. The petitioner is not named in the FIR. The FIR has been instituted against unknown person. The name of the petitioner has been transpired during investigation in paragraph no. 53 of the case diary which suggest that this petitioner was last seen with the deceased. Thereafter, the petitioner has confessed his guilt in the present occurrence and except aforesaid, no other cogent material has come during investigation to show the involvement of the petitioner in the present occurrence. Even no one has seen the present occurrence. He further submits that the Police after investigation submitted charge-sheet against the petitioner and the petitioner is in judicial custody since 30.08.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances and also the fact that the petitioner has clean antecedent and the name of petitioner has been transpired during investigation on the basis that petitioner was last seen with the deceased, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.2652 of 2026(3) dt.18-03-2026 3/3 like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Belhar P.S. Case No. 251 of 2025, with the following conditions:
i. Petitioner shall co-operate 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 on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. ii. 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.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T