Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33936 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- KANTI District- Muzaffarpur ====================================================== Manoj Kumar Uma Shankar Ray Village Paroo Sahani Tola PS Paroo District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 309(5) of the B.N.S.

3. The allegation in the First Information Report is that 4 to 5 unknown miscreants surrounded the informant and they tried to snatched the mobile and a luna motorcycle from the informant however, the informant saved himself by fleeing away from the place of occurrence with his mobile and the key of luna motorcycle. It is stated that the police arrested four persons from the place of occurrence, the petitioner Manoj Kumar being one of them.

4. Learned counsel for the petitioner submits that it would be clear from the FIR itself that no loot has, as such, been committed and the FIR only makes a reference to an attempt to

Patna High Court CR. MISC. No.33936 of 2025(2) dt.27-05-2025 2/2 take away the motorcycle and the mobile of the informant. As against the allegation of having assaulted the informant, there is no injury on the informant. Further, the seizure list annexed along with the FIR would go to show that two motorcycles have been recovered from the other c-accused persons which belonged to them and are not stolen motorcycles. So far as present petitioner is concerned, as per the seizure list, one mobile was recovered from his possession which belonged to the petitioner and the petitioner had valid documents with regard to the same. The petitioner is in custody since 27.02.2025 with no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned APP for the State has opposed the application for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kanti P.S. Case No. 89 of 2025. devendra/- (Soni Shrivastava, J) U T