Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21769 of 2025 Arising Out of PS. Case No.-410 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Mantu Kumar S/o Jhanjhat Prasad R/o Village- Lalu Chak, Gass Plant, Fatuha, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard Mr. Pramod Kumar, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Nadi P.S. Case No. 410 of 2024 registered for the offence punishable under Sections 317(5) of the BNS, 2023.

3. As per the allegation made in the F.I.R., the petitioner has been alleged to be involved in the theft of motorcycle along with other co-accused after changing the registration number of the motorcycle.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case due to dirty village politics. He submits that the stolen motorcycles were recovered from the

Patna High Court CR. MISC. No.21769 of 2025(2) dt.23-04-2025 2/3 apprehended co-accused Raushan Kumar and Indrajeet Kumar and not from the petitioner. The apprehended accused disclosed the name of the petitioner as their accomplice due to enmity. Petitioner is not involved in alleged theft of motorcycle in the area. He has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that the recovery of stolen motorcycles is from co-accused who has disclosed the name of the petitioner, I find that the petitioner has, prima facie, made out a case to be released on bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Patna City in connection with Nadi P.S. Case No. 410 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

8. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.21769 of 2025(2) dt.23-04-2025 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T