Manish Kumar @ Manish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39454 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== Manish Kumar @ Manish Paswan S/O Mannu Paswan R/O Village- Jondhi, P.S- Bankebazar, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Roushanganj (Bankebazar) P.S. Case No. 334 of 2023, instituted for the offences punishable under Sections 414, 461, 379 of the Indian Penal Code.

3. As per the prosecution case, the informant namely Pradeep Paswan parked his truck bearing registration no. BR02M-8948 in front of Ram Timber and went to his home. It is further stated that when he came to his home in early morning then he saw the main lock of his vehicle is broken and after searched he found that articles like jack, rinch and 100 liters of oil has been stolen. It is further stated that these articles are

Patna High Court CR. MISC. No.39454 of 2024(2) dt.15-07-2024 2/3 being stolen recorded in the C.C.T.V. camera near the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He further submits that the petitioner has neither arrested at the spot nor anything has been recovered from his conscious possession. Petitioner has got no criminal antecedent as stated in para 3 of the petition is in custody since 15.12.2023. Similarly situated co-accused has been granted bail by this Court passed in Cr. Misc. No. 25256 of 2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge, Sherghati, Gaya dated 01.02.2024, it appears that on the basis of written report of the informant Pradeep Paswan, FIR has been lodged under Sections 461 and 379 of the Indian Penal Code against the petitioner there is no any specific allegation against this petitioner as well as period of custody, accordingly the prayer for bail of the petitioner is allowed.

7. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.39454 of 2024(2) dt.15-07-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Sherghati, Gaya/concerned Court in connection with Roushanganj (Bankebazar) P.S. Case No. 334 of 2023 further, petitioner shall remain present before trial Court till conclusion of trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T