Raushan Manjhi @ Foku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7423 of 2025 Arising Out of PS. Case No.-161 Year-2024 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Raushan Manjhi @ Foku S/o- Bhim Manjhi R/o- Andar Bairagi Ward No 10, Bhuntoli PS- Delha District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Rail Gaya P.S. Case No. 161 of 2024 registered for the offences under Sections 313 and 317(5) of the B.N.S.

3. As per prosecution case, petitioner and co-accused were apprehended by the police when they started fleeing away on seeing the police party. From the possession of the petitioner a mobile and a knife was recovered. Another mobile was recovered from the possession of the co-accused and they disclosed that the mobile phones were stolen property.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has

Patna High Court CR. MISC. No.7423 of 2025(2) dt.19-02-2025 2/3 ever taken place. The petitioner has no role in stealing the mobile phones. Nothing incriminating has been recovered from the conscious possession of this petitioner. Petitioner is in custody since 13.07.2024 and charge-sheet has been submitted. Petitioner is having antecedent of one case in which he is on bail.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner coupled with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya/concerned court in connection with Rail Gaya P.S. Case No. 161 of 2024, subject to the conditions mentioned in 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

Patna High Court CR. MISC. No.7423 of 2025(2) dt.19-02-2025 3/3 each and every date fixed by the court below.

(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) balmukund/- U T