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Patna High CourtCR. MISC./51685/2025bail granted

Manish Raj v. The State Of Bihar

2025-08-12Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51685 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== Manish Raj S/o Nand Kishor Singh R/o Village- Maner, P.S- Maner, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Agamkuan P.S. Case No. 171 of 2025 registered on 26.02.2025 for the offences under Sections 140(3), 127(2) and 3(5) of the B.N.S.

3. As per prosecution case, 7 persons including the petitioner took away the husband of the informant on account of some monetary transaction.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From perusal of FIR, it is apparent that there is dispute between the parties on account of money transaction. It is also apparent from the FIR that the very

Patna High Court CR. MISC. No.51685 of 2025(2) dt.12-08-2025 2/3 next day, the husband of the informant called her on mobile phone and told her to settle the dispute. It means the husband of the informant was carrying mobile phone and he was allowed to use it. If it were a case of abduction with intention to commit murder, the husband of the informant would not have been allowed to use his own mobile phone. Learned counsel further submits that co-accused Amit Kumar was apprehended when the husband of the informant was recovered and this co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 25.06.2025 passed in Cr. Misc. No. 38485 of 2025. Another co-accused Avinash Kumar has also been granted bail by this Court vide order dated 07.05.2025 passed in Cr. Misc. No. 28002 of 2025. The case of the petitioner is similarly placed. Petitioner is in custody since 27.02.2025 and chargesheet has been submitted. Petitioner is having antecedent of one case.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the grant of bail to similarly placed co-accused persons and further considering vague and doubtful nature of allegation against the

Patna High Court CR. MISC. No.51685 of 2025(2) dt.12-08-2025 3/3 petitioner and also considering the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City, Patna/concerned court in connection with Agamkuan P.S. Case No. 171 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other 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) balmukund/- U T