Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25200 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- CHANDI District- Bhojpur ====================================================== Manish Kumar Son of Ravinath Ray, Resident of village - Chandi, Police Station - Chandi, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-07-2025 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 Chandi P.S. Case No. 23 of 2025 registered for the offence under Sections 334(1) 303(2) of BNS 2023, later on Section 317(2)/3(5) BNS.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 16.02.2025.

4. The allegation against the petitioner is to commit theft alongwith co-accused persons in the shop of the informant dealing with mobile and related accessories.

5. Learned Counsel appearing on behalf of the petitioner submitted that the name of this

Patna High Court CR. MISC. No.25200 of 2025(3) dt.28-07-2025 2/3 petitioner transpired on the basis of confessional statement of apprehended co-accused, namely, Sahil Alam. It is submitted that in furtherance of same, only six mobiles were said to be recovered from the house of the petitioner, which were his family members. It is submitted that mobiles as alleged to be recovered was not put on TIP by owner to identify that whether same was stolen or not and, therefore, the implication of petitioner in present case prima facie appears not convincing. It is submitted that petitioner found involved in one more criminal case of similar nature, where he is on bail. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid facts and circumstances and by taking note of fact as prima facie stolen mobiles not appears connected in want of its identification by the informant as submitted

Patna High Court CR. MISC. No.25200 of 2025(3) dt.28-07-2025 3/3 above, coupled with the fact that investigation of this case is already completed, where petitioner is in custody since 16.02.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Chandi P.S. Case No. 23 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhojpur at Ara/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. /Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T