Manish Shrivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71271 of 2025 Arising Out of PS. Case No.-295 Year-2024 Thana- THAWE District- Gopalganj ====================================================== Manish Shrivastava S/o Late Paras Lal @ Late Paraslal Shrivastava R/o Village- Kharpakwa, Harkhauli, Ward No. 8, P.S.- Mirganj, DistrictGopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-10-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Thawe P.S. Case No. 295 of 2024, dated 28.10.2024, registered under Sections 309(4) of the B.N.S.
3. The prosecution case, in brief, is that on 28.10.2024 at around 2 P.M. three persons came to Grahak Seva Kendra (C.S.P.) of the informant on a motorcycle. Two of them were hiding their face with gamcha and they were armed with gun. Both of them took away Rs. 60,000/- cash and mobile on the gun point. Third person was standing at the gate, who was wearing helmet. All of them ran away on the said motorcycle.
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4. It is submitted by the learned counsel for the petitioner that on the basis of confessional statement of coaccused persons namely Atul Sharma, Arun Kumar Jaiswal and Shubham Kumar Yadav, the name of the petitioner has surfaced. On search having been made by the Police of the premises, where the petitioner is residing, no incriminating materials are said to have been recovered. Four criminal cases are pending against this petitioner, in which the petitioner is said to be on bail. At this stage, learned counsel for the petitioner submits that the co-accused namely Atul Sharma, who was arrested, has been granted regular bail by a Coordinate Bench of this Hon'ble Court vide order dated 23.06.2025, passed in Cr. Misc. No. 37650 of 2025.
5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.
6. Considering the facts that on the basis of confessional statement of co-accused persons namely Atul Sharma, Arun Kumar Jaiswal and Shubham Kumar Yadav, the name of the petitioner has surfaced, on search having been made by the Police of the premises, where the petitioner is residing, no incriminating materials are said to have been recovered and the co-accused namely Atul Sharma, who was arrested, has been
3/4 granted regular bail by a Coordinate Bench of this Hon'ble Court vide order dated 23.06.2025, passed in Cr. Misc. No. 37650 of 2025, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 295 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner (s) who shall provide official document to show his/her bona fide;
(ii) the petitioner (s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
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(iv) the petitioner (s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) pravinkumar/- U T