Piku Kumar @ Manish Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63936 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Piku Kumar @ Manish Kumar Nirala Son of Chaturbhuj Prasad Resident of Village - Hajpura, P.S. - Belsar, Dist. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamala Kant Tiwary, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 102 of 2025 instituted for the offence under Sections 111, 112 & 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The informant alleged that his sand-loaded tractor (Reg. No. BR31GA-9310) parked at his shop was found missing on 29.06.2025. Accordingly, FIR was registered against unknown.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-07-2025. Petitioner bears four criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.63936 of 2025(2) dt.10-09-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Baidyanath Sahani. Nothing has been recovered from the conscious possession of the petitioner. Save and except confessional statement before the police, there is no material against the petitioner. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is fervently submitted that at the instance of the petitioner, empty tractor was recovered from an abandoned place. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and nature of accusation, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court

Patna High Court CR. MISC. No.63936 of 2025(2) dt.10-09-2025 3/3 in connection with Ganga Bridge P.S. Case No. 102 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.

(Rudra Prakash Mishra, J) Raj Kishore/- U T