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Patna High CourtCR. MISC./53892/2025allowed

Suraj Kumar @ Mannu v. The State Of Bihar

2025-08-12Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53892 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Suraj Kumar @ Mannu S/o Om Prakash Sharma R/o Village - Rajendra Nagar Doctor Colony, P.S. - Patrakar Nagar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 339 of 2025 registered for the offences punishable under Section 303(2) and 62 of B.N.S.

3. As per prosecution case, while attempting to open the lock of the H.F. Deluxe motorcycle bearing registration No. BR31N2848, petitioner was apprehended by informant and his associates.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the FIR. Learned counsel further submits that petitioner is in custody since 27.03.2025 and he bears criminal antecedent of three cases in which he is on bail in all the cases.

Patna High Court CR. MISC. No.53892 of 2025(2) dt.12-08-2025 2/3 Petitioner was standing near the place of occurrence to meet his friend and on the basis of suspicion, petitioner has falsely been implicated in the case. Hence, no case is made out under Section 303(2) and 62 of B.N.S against the petitioner. Learned counsel further submits that except suspicion, there is nothing on record to connect the petitioner with the alleged occurrence. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 339 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.53892 of 2025(2) dt.12-08-2025 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) vashudha/- U T