Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10946 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Manish Kumar S/O Budhan Rai @ Budhan Ray R/O Village- Rupasbaz, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Bachhwara P.S. Case No. 24/2024 registered for the offences under Sections 392/34 of the Indian Penal Code.
3. As per the prosecution case, the informant had gone to Sherpur with his friends and subsequently, he reached near Mridai Chauk and found the road to be blocked and all of a sudden, four-five miscreants surround the vehicle and they broke the lock of the car and on the point of fire arms, five miscreants looted two mobile phones of the informant and mobile phone of the nephew of the informant and also took away cash of Rupees 23,000/- and a gold ring of the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.10946 of 2025(4) dt.17-06-2025 2/3 petitioner is not named in the FIR and he has falsely been implicated in this case merely because he carries five criminal cases against his name. Learned counsel further submits that no incriminating article has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted. It is lastly submitted that the petitioner has five criminal antecedents and is in custody since 16.11.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five criminal antecedents of similar nature and therefore, he does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Begusarai in connection with Bachhwara P.S. Case No. 24/2024 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
Patna High Court CR. MISC. No.10946 of 2025(4) dt.17-06-2025 3/3 c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T