Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36824 of 2025 Arising Out of PS. Case No.-41 Year-2024 Thana- SUKHANI District- Kishanganj ====================================================== Manoj Kumar Sah, son of Late Shivjee Prasad Sah, Resident of Village- Main Road Jogbani, Ward No 11, Police Station- Jogbani, District -Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mrs.Rina Sinha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-06-2025 Heard Mr. Ramesh Kumar Singh, learned counsel appearing on behalf of the petitioner and Mrs. Rina Sinha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sukhani P.S. Case No. 41 of 2024 registered for the offence punishable under Sections 303(2), 317(2), 317(4), 317(5) and 61(2) of the Indian Penal Code.

3. As per the allegation made in the F.I.R., accused persons including the petitioner are said to have stolen oil from the parked vehicles.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is not named in the F.I.R. He is quite innocent and has committed no offence as alleged. The stolen articles as mentioned in the seizure list have not been

Patna High Court CR. MISC. No.36824 of 2025(2) dt.18-06-2025 2/3 recovered from the vehicle of the petitioner. The vehicle of the petitioner bearing Registration No. BR38Y8591 has been released in his favour by learned ACJM-III, Kishanganj and the release order has been brought on record by way of Annexure P/3.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the fact that petitioner is not named in the F.I.R. and he has claimed that his vehicle bearing Registration No. BR 38Y 8591 has been released in his favour by learned ACJM-III, Kishanganj and the release order has been brought on record by way of Annexure P/3 and the stolen articles as mentioned in the seizure list have not been recovered from the vehicle of the petitioner and the petitioner has clean antecedent, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the 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 ACJM-III, Kishanganj in connection with Sukhani P.S. Case No. 41 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.36824 of 2025(2) dt.18-06-2025 3/3

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T