Manish Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19465 of 2025 Arising Out of PS. Case No.-576 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Manish Pathak Son of Shambhu Pathak @ Shambhu Sharan Pathak Resident of Vill- Samsa, P.S.- Naokothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Town P.S. Case No. 576 of 2024 registered for the offences under Sections 310 (4), 310 (5), 310 (6), 111(2), 111(4) and 60 of the Bharatiya Nyaya Sanhita & Sections 25(1-B)a and 26/35 of the Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 27.10.2024.

4. The allegation against the petitioner is to commit dacoity along with other co-accused persons and while committing so looted gold jewellery, where occurrence took place in one jewellery shop.

Patna High Court CR. MISC. No.19465 of 2025(3) dt.12-08-2025 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that during the course of occurrence two persons received injuries who were apprehended by the police namely Chhote Kunwar & Shammi Kapoor, who self-confessed to be involved in the occurrence of dacoity and on the basis of their disclosure, name of this petitioner involved in the present occurrence. It is pointed out that no incriminating material was recovered/surfaced in furtherance of aforesaid disclosure as to connect petitioner prima-facie with present occurrence. It is also submitted that no TIP was conducted as yet. It is further submitted that several co-accused persons were granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 17677 of 2025, Cr. Misc. No. 22149 of 2025 & Cr. Misc. No.

22383 of 2025 respectively vide order dated 15.05.2025. While concluding the argument it is submitted that petitioner is a man of clean antecedent in the sense that one criminal case qua same occurrence was lodged against this petitioner prior lodging to this FIR by the owner of the jewellery shop and moreover, investigation has already completed, and as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

Patna High Court CR. MISC. No.19465 of 2025(3) dt.12-08-2025 3/3

7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of disclosure made by apprehended co-accused persons nothing incriminating appears against this petitioner as to connect petitioner prima-facie with the present occurrence of dacoity, coupled with the fact as petitioner remains in custody since 27.10.2024, accordingly above named petitioner, is directed to be released on bail in connection with Town P.S. Case No. 576 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, C-cum A.M. Begusarai/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T