Mousam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24201 of 2025 Arising Out of PS. Case No.-1082 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Manas Kumar Son of Navin Mishra R/O Village- Sirnia, P.S.- Gogari Jamalpur, District- Khagaria, Presently resident of Mohalla- Batraha Ward No. 36, P.S.- Saharsa, District- Saharsa ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 329(3), 329(4), 126(2), 115(2), 61(2), 109, 76, 77, 305, 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per prosecution case, on 10.10.2024 at about 11 AM, while the informant was at her home, in the meantime, someone knocked at the door and when she opened the door, five unknown miscreants covering their faces, on the point of pistol, disrobed her and made video clippings and on protest they assaulted informant and her family members and looted household articles, cash and mobile phones.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.24201 of 2025(3) dt.29-08-2025 2/2 implicated in this case. Petitioner's name has come in this case during course of investigation on the basis of confessional statement of co-accused. No incriminating article has been recovered from the conscious possession of the petitioner. No TIP has been conducted to identify the real culprit. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 12.10.2024.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Saharsa Police Station Case No. 1082 of 2024. (Prabhat Kumar Singh, J) Shashi U T