Guddu @ Manish Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39092 of 2026 Arising Out of PS. Case No.-617 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Guddu @ Manish Raj S/o Krishna Prasad Resident of Village- Sakari Gali Near Durga Mandir, P.S.- Alamganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deovind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-06-2026 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Alamganj P.S. Case No.617 of 2025 registered for the offences punishable under Sections 334(1) and 305(a) of the BNS.
3. The prosecution case, in brief, is that the informant runs a utensil shop and on the fateful morning, when he reached his shop, he found that the locks of his shop were broken and several articles to the tune of Rs.2 lakhs had been stolen. Upon making enquiries from the nearby residents/shopkeepers, he came to learn that three named accused persons had allegedly committed the theft in his shop.
4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.39092 of 2026(2) dt.17-06-2026 2/3 the petitioner is not named in the FIR and during the course of investigation, co-accused Pappu Dom @ Pappu Ram was arrested and on the basis of the disclosure made by them, the shop of the petitioner's father was searched leading to the recovery of certain articles. It is contended that the recovered articles are not the stolen articles; rather, they belong to the shop of the petitioner's father. It is further submitted that the seized articles were never subjected to a Test Identification Parade (TIP). Since both the shop from which the theft was allegedly committed and the shop from which the articles were recovered deal in utensils, the petitioner and his father have been implicated merely on suspicion. It is further contended that although the FIR was instituted on 11.
06.2025, it was transmitted to the jurisdictional court only on 16.06.2025, and therefore, the possibility of deliberation and embellishment in the prosecution case cannot be ruled out. The petitioner has nothing to do with the present case and possesses a clean antecedent.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the recovery of the stolen articles from the shop of the petitioner clearly indicates his involvement in the commission of the
Patna High Court CR. MISC. No.39092 of 2026(2) dt.17-06-2026 3/3 alleged offence.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the recovered articles have not been put on Test Identification Parade, coupled with the delay in sending the FIR to the concerned jurisdictional court, besides the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned 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 A.C.J.M, VI, Patna City in connection with Alamganj P.S. Case No.617 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T