Shesh Mani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47393 of 2025 Arising Out of PS. Case No.-386 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Shesh Mani Kumar S/o Jai Nandan Ray R/o Mohalla- Digha Railway Colony, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Dighwara P.S. Case No. 386 of 2024 registered for the alleged offences under Sections 317(4), 317(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26, 35 of Arms Act.

03. As per prosecution case, police received information about three persons moving in suspicious condition on a motorcycle with a masked number plate. The police reached at the place and the three suspects tried to flee away from the spot on seeing the police party. One of them, the petitioner herein, was apprehended along with the motorcycle and two other persons fled away from the spot. On search,

Patna High Court CR. MISC. No.47393 of 2025(2) dt.30-07-2025 2/3 recovery of a loaded country made pistol with two live cartridges and a mobile phone apart from Rs. 800/- cash and one Aadhar Card of a person named Ravi Kumar was made from the petitioner. The motorcycle was also seized. The petitioner disclosed that a gold chain was also snatched from a person one hour prior to the said occurrence. The petitioner also disclosed that he along with the persons who fled away from the spot used to rob people.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recover form the person or possession of this petitioner. The petitioner is in custody since 28.10.2024 and charge-sheet has been submitted. The petitioner is having antecedent of one case.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.47393 of 2025(2) dt.30-07-2025 3/3 satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra in connection with Dighwara P.S. Case No. 386 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T