Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39909 of 2026 Arising Out of PS. Case No.-242 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Manish Kumar S/o Dharmendra Singh R/o Vill- Pawani, Ward No. 6, P.S.- Nasriganj, Distt- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-06-2026

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 331(2), 305(a) of the B.N.S. Act, 2023.

3. The learned counsel submits petitioner is a person with clean antecedent and the informant alleges that unknown accused entered his house on 23.05.2025 at 02:00AM and committed theft of jewellery worth Rs, 5,00,000/- as detailed in the FIR along with cash Rs. 70,000/- and a mobile. The learned counsel submits that FIR was against unknown and the looted mobile was recovered from Scorpio vehicle of which petitioner is the owner. It is next submitted petitioner was not even aware of the occurrence, it is further submitted that when he came to

Patna High Court CR. MISC. No.39909 of 2026(2) dt.30-06-2026 2/3 know that his younger brother has been arrested and the vehicle, as such, he filed an application before the learned District Court seeking release of his vehicle when he came to be implicated. It is further submitted that younger brother of the petitioner carries antecedent of four criminal cases and it appears that he committed theft in the house of the informant and had kept the mobile in the vehicle, but then it is submitted that had petitioner been involved in the occurrence, in that event, the petitioner would not have file an application seeking release of his vehicle rather would have move for anticipatory bail. It is also submitted that if privilege of anticipatory bail is granted the petitioner will not abscond rather will cooperate in the investigation to prove his innocence. It is also submitted that younger brother of the petitioner is in judicial custody.

4. Learned APP for the State opposes the anticipatory bail application.

5.Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.39909 of 2026(2) dt.30-06-2026 3/3 sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Barun P.S. Case No.242 of 2025, subject to the conditions laid down under Section 482(2) of the BNS.

6. It is made clear that if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

7. The application stands allowed.

(Satyavrat Verma, J) Nitesh/- U T