Manjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7687 of 2025 Arising Out of PS. Case No.-389 Year-2022 Thana- SIDHWALIYA District- Gopalganj ====================================================== Manjeet Kumar S/O Damodar Mahto R/O Village- Salehpur, P.SMohamadpur, Distt.- Gopalganj, Bihar-841423. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akshay Ashish, Adv.
For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.
2. It is the first regular bail application submitted by the petitioner who has been arrested in connection with Sidhwalia P.S. Case No. 389 of 2022 dated 08.11.2022 for the alleged offences punishable under Section 399, 402, 413, 414/34 of the Indian Penal Code and Section 25(1-B)A, 26/35 of the Arms Act.
3. According to the case of prosecution, it is alleged that on the date of incident i.e. 08.11.2022 on the basis of information received from the informant the police officials reached the spot and caught hold the accused persons namely Abhishek Kumar @ Tamataar and Anish Kumar @ Nishu and seized stolen motorcycle from their possession. Subsequently,
Patna High Court CR. MISC. No.7687 of 2025(3) dt.08-05-2025 2/3 on the basis of their confessional statement the present applicant has been implicated in this case and was arrested on 23.11.2023 and, since, then he is in custody.
4. It is submitted by the counsel for the petitioner that the petitioner herein is innocent and is falsely implicated in this case. There is no material available on record on the basis of which it can be said that the alleged crime has been committed by the present applicant. He further submits that none of the any looted articles has been seized from his possession and he is implicated only on the basis of the confessional statement made by the co-accused persons. He submits that the charge-sheet has already been filed and trial will take some time therefore, the petitioner may be granted the benefit of bail.
5. Learned counsel appearing on behalf of respondentState opposes the prayer of bail and submits that there are 10 previous antecedents of the petitioner therefore, on this ground only the prayer of the petitioner may be rejected.
6. Considering the submission made by the counsels and further considering the fact that no looted articles has been recovered from the possession of the applicant and he has been implicated in this case only on the basis of the confessional statement of the co-accused, I am of the view that the present
Patna High Court CR. MISC. No.7687 of 2025(3) dt.08-05-2025 3/3 applicant should be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Sidhwalia P.S. Case No. 389 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned A.D.J. - XII, Gopalganj.
(Arvind Singh Chandel , J) Siddharth Soni/- U T