Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61671 of 2025 Arising Out of PS. Case No.-803 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Manish Kumar S/o Munna Sharma @ Raj Balam Sharma R/o MohallaBagmali, P.S.- Hajipur Town in the district of Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 803 of 2025 instituted for the offences under Sections 334(1), 303(2), 324(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, on the alleged date and time, 3-4 persons were cutting the lock of the shop of the informant, in the meantime, some people raised hulla. Thereupon, the miscreants tried to flee away but local people caught one of the accused, i.e. petitioner. It is further alleged that upon search, a cutter and a wrench was recovered from this petitioner. It is further alleged that when the informant checked

Patna High Court CR. MISC. No.61671 of 2025(2) dt.08-09-2025 2/3 his shop, cashbox containg Rs. 3,500/- was missing from his shop.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating/stolen article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the missing cash box and nor the same has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that, as a matter of fact, the petitioner was returning to his house after attending a wedding ceremony but was, on suspicion, caught by the public and handed over to the police. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.07.2025 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

Patna High Court CR. MISC. No.61671 of 2025(2) dt.08-09-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Town P.S. Case No. 803 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(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.

(Rudra Prakash Mishra, J) Alok Verma/- U T