Mangaie @ Mangaie Bind @ Magai Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10346 of 2025 Arising Out of PS. Case No.-758 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Mangaie @ Mangaie Bind @ Magai Bind son of Meghu Bind @ Madhu Bind Village - Betari, Ps- Bhabua, Dist- kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bhabhua P.S. Case No. 758 of 2024 instituted for the offences under Sections 331(4), 305 of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, on the alleged date and time, the informant heard the noise and came to know that two miscreants entered his house by breaking ventilation. It is further alleged that one of them was nabbed who disclosed his name as Udal Bind. It is further alleged that the said apprehended person disclosed the name of his associate as Mangaie Bind (petitioner herein). It is further alleged that some
Patna High Court CR. MISC. No.10346 of 2025(2) dt.27-02-2025 2/3 wheat and mustered amounting to Rs. 5,000/- were found missing from the house of the informant.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on the spot. The name of the petitioner transpired in this case on the basis of disclosure made by co-accused, namely, Udal Bind. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the missing articles. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.09.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhabhua P.S. Case
Patna High Court CR. MISC. No.10346 of 2025(2) dt.27-02-2025 3/3 No. 758 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T