Patna High CourtCR. MISC./23893/2025bail granted

Manish Kumar v. The State Of Bihar

2025-04-11Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23893 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Manish Kumar Son of Nawal Patel Resident of Village - Kushahar, P.S.- Tariyani, District - Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mrs. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sheohar P.S. Case No. 310 of 2024, instituted for the offences punishable under Sections 317(4), 317(5) and 111(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, one motorcycle was recovered from the accused persons including the petitioner but they failed to produce any valid documents regarding the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.23893 of 2025(2) dt.11-04-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is named in the FIR but no any motorcycle or master key has been recovered from the possession of the petitioner or from his house. It is next submitted that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. The petitioner has got no concern with the co-accused persons and with the alleged recovery of motorcycle. The petitioner is in custody since 06.11.2024 and has got four criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 21.02.2025 passed in Cr. Misc. No. 2468 of 2025.

5. Learned APP 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 and taking into account 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 after framing of charge, if not already framed on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.23893 of 2025(2) dt.11-04-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheohar P.S. Case No. 310 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T