Manish Kumar @ Manish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5044 of 2025 Arising Out of PS. Case No.-332 Year-2023 Thana- AMAS District- Gaya ====================================================== 1.

Manish Kumar @ Manish Paswan S/o- Krishna Paswan VillageMagdhandih PS-Rausanganj, Dist- Gaya 2.

Chhotu Chaudhary @ Abhishek Kumar S/o- Ramswaroop Chaudhary @ Pokhodhi Chaudhary Village- Magdhandih PS-Rausanganj, Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Amas P.S. Case No. 332 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that three unknown miscreants looted the motorcycle on the point of pistol. It is further alleged that they also snatched keys of blood bank badge and other documents from the informant.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 10-11-2024. Petitioner No.1 bears no criminal antecedent, whereas petitioner No.2

Patna High Court CR. MISC. No.5044 of 2025(2) dt.29-01-2025 2/3 bears one criminal antecedents.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner transpired in this case on the basis of confessional statement of co-accused, namely, Ajay Kumar @ Shallu Yadav. Learned counsel further submitted that TIP has not been conducted till date. No stolen article has been recovered from the conscious possession of the petitioner. Charge sheet has been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 07-03-2024, passed in Cr. Misc. No. 14236 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, charge sheet being submitted and claim based on parity, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners 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 Court below/concerned Court in connection with Amas

Patna High Court CR. MISC. No.5044 of 2025(2) dt.29-01-2025 3/3 P.S. Case No. 332 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T