Patna High CourtCR. MISC./46762/2025disposed

Manish Kumar @ Manish Paswan @ Monu @ Mannu Paswan v. The State Of Bihar

2025-08-01Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46762 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- MANJHAUL District- Begusarai ====================================================== Manish Kumar @ Manish Paswan @ Monu @ Mannu Paswan S/O Late Manoj Kumar @ Manoj Paswan R/O Village- Siuri, P.S- Manjhaul, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr Satyendra Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2025

1. Heard Mr. Dr Satyendra Kumar Shrivastava, learned counsel for the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. The petitioner seeks regular bail in connection with Manjhaul P. S. Case No. 64 of 2024, dated 22.08.2024 registered for the offences punishable under Sections 115(1), 308(1), 308(4), 351(3), and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. The main submissions advanced by the petitioner's counsel are that the allegation levelled in the FIR mainly relates to extortion demand allegedly made by this petitioner and two co-accused persons, out of them, one Manjesh Kumar @ Manjesh Paswan has been granted bail by the co-ordinate Bench of this court vide order dated 09.07.2025 passed in Cr. Misc. No. 41632 of 2025, though the petitioner has criminal

Patna High Court CR. MISC. No.46762 of 2025(2) dt.01-08-2025 2/3 antecedents of three cases, however, the said co-accused Manjesh Kumar @ Manjesh Paswan is also carrying nine criminal antecedents, so, in view of this position, the petitioner's case stands on better footing from him and further among the antecedent cases, the petitioner has been granted bail in two cases and his prayer for bail is pending with regard to third case. It is further submitted that the petitioner has been languishing in jail since 04.02.2025 and he is 23 years old person and against him the investigation has been completed. It is lastly submitted that there is no allegation that the accused persons including the petitioner used the alleged firearms and as per the allegation, they simply terrorized the informant by brandishing pistols and it is not the case of the prosecution as to having fulfilled the extortion demand by the informant.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner and submits that against this petitioner, there are criminal antecedents of three cases, so, his prayer should not be considered in view of the nature of the allegation relating to an extortion demand.

5. Heard both the sides and perused the FIR and the trial court's order. One co-accused Manjesh Kumar @ Manjesh Paswan carrying similar nature of allegation has been granted

Patna High Court CR. MISC. No.46762 of 2025(2) dt.01-08-2025 3/3 bail by the learned co-ordinate bench of this court, against him there are criminal antecedents of nine cases and against the petitioner, the investigation has been completed and it is not the case of the prosecution that the accused persons including the petitioner opened any firearm while committing the alleged offence, so, considering all these facts and mainly the completion of investigation against the petitioner and his young age, this court is inclined to release him on bail. Accordingly, let the petitioner named-above, be enlarged on bail in connection with Manjhaul P. S. Case No. 64 of 2024, on furnishing bail bond of Rs.

20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned with the following condition: (i) If the trial court proceeds for trial in respect of the petitioner then the petitioner will be released after framing of charges, if the charges are not framed upon him in the next one month then he shall be released on bail bond as per the above order.

(Shailendra Singh, J) Rajiv/- U T