Aditya Kumar @ Manish Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6225 of 2025 Arising Out of PS. Case No.-534 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Aditya Kumar @ Manish Chaudhary S/o Late Mahesh Chaudhary Resident of Village- Banauliya, P.S.- Bihar Sharif, District-Nalanda at Bihar Sharif (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Seema Kumari, Adv.
For the Opposite Party/s :
Mr.Narsingh Tanti, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Bihar Sharif P.S. Case No. 534 of 2024, registered for the offences under Sections 305 of the B.N.S.
3. As per the prosecution case, a theft was committed in the dwelling house of the informant and cash of Rs.2,25,000/- and gold ornaments worth Rs.6,00,000/- were found stolen from the safe of the petitioner. The FIR was registered against unknown but subsequently the name of the petitioner transpired as one of the accused persons involved in the theft.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Prior to lodging of this case,
Patna High Court CR. MISC. No.6225 of 2025(4) dt.13-05-2025 2/3 petitioner was named in Bihar P.S. Case No. 296 of 2024 and from the said case the petitioner has been remanded in the instant case and taking the signature on a blank paper his confessional statement was prepared. Except for the confessional statement of the petitioner, there is no material against the petitioner and his confessional statement has got no legal sanctity. Learned counsel further submits that petitioner was neither arrested from the spot nor any incriminating material has been recovered from the physical or conscious possession of the petitioner. Learned counsel further submits that co-accused Sanjay Kumar @ Sanjay Verma has been granted bail by a Co-ordinate Bench of this Court vide order dated 06.02.2025 passed in Cr. Misc. No. 84205 of 2024. The petitioner is having antecedent of five cases and he is on bail in each case. The petitioner is in custody since 18.10.2024 and charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and also considering his period of custody and submission of charge
Patna High Court CR. MISC. No.6225 of 2025(4) dt.13-05-2025 3/3 sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif/concerned court, in connection with Bihar Sharif P.S. Case No. 534 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) anuradha/- U T