Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34680 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- Bodhibigaha District- Gaya ====================================================== Manish Kumar S/o Upendra Sharma R/o Village- Naso, P.S.- Chhatrpur, District- Palamu (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard Learned Counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail for the offences punishable in connection with Bodhibigha Case No.55 of 2024 lodged under Section 303(2) of the BNS.
3. As per the prosecution, the FIR has been lodged against unknown accused persons against whom there is allegation of theft of motorcycle of the informant.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that nothing has been recovered from the possession of the petitioner and he was not put on TIP. He further submits that the offence under which petitioner has been accused, is magisterial triable in nature.
Patna High Court CR. MISC. No.34680 of 2025(2) dt.04-06-2025 2/3
5. Counsel further submits that petitioner is in custody since 27.02.2025 and his antecedent is not clean. There are 4 criminal cases pending against him.
6. Learned APP for the State opposes the prayer for bail and submits that the said motorcycle has been recovered from the possession of the petitioner and it has been acknowledged in the rejection order passed by District and Sessions Judge, Sherghati, Gaya. He further submits that there are four criminal cases of same nature, pending against the petitioner .
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of A.C.J.M., Sherghati, Gaya in connection with Bodhibigha Case No.55 of 2024, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the following conditions:-
Patna High Court CR. MISC. No.34680 of 2025(2) dt.04-06-2025 3/3 (i) the petitioner shall appear before the concerned police station every month for one year to mark attendance.
8. The details of the cases which are pending against the petitioner, are as follows:- i. Bodhi Bigha P.S. Case No.36 of 2024.
ii. Bodhi Bigha P.S. Case No.54 of 2024.
iii. Bodhi Bidha P.S. Case No.56 of 2024.
iv. Naudiha P.S. Case no.64 of 2024.
(Dr. Anshuman, J.) Prakashmani/- U T