Manish Kumar @ Manish Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73144 of 2025 Arising Out of PS. Case No.-52 Year-2024 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== 1.

Manish Kumar @ Manish Ram, aged about 24 years, Gender-Male, Son of Chitranjan Ram, R/o Village - Tariyani Chhapra, P.S. - Tariyani Chhapra, Dist. - Sheohar.

2.

Pappu Kumar, aged about 22 years, Gender-Male, Son of Vindeshwar Ram, R/o Village - Tariyani Chhapra, P.S. - Tariyani Chhapra, Dist. - Sheohar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Deepak Kumar, Advocate For the Opposite Party :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seeks bail in connection with CNR No. BRS001/002147/2024, arising out of Tariyani P.S. Case No. 52 of 2024 dated 15.06.2024 registered for the offences punishable under Sections 399, 402 of the I.P.C., 20, 22, 23, 24, 27, 29 of the N.D.P.S. Act and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, police apprehended Suraj Kumar @ Surajvan Singh, Raju Kumar, Bhola @ Vikram Ram and Sharavan Kumar who also disclosed the name of the petitioners and other co-accused persons and on search, one

2/4 country made loaded katta, one live cartridge and 1.52 Gram smack were recovered from the possession of the co-accused Suraj Kumar @ Surajvan Singh, one country made loaded katta alongwith one live cartridge, one screen touch mobile, 1.52 Gram smack, cigarette and match box were recovered from the possession of the co-accused Raju Kumar, 1.52 Gram smack and iron knife were recovered from the possession of the coaccused Bhola @ Vikram Ram and 1.52 Gram of smack was recovered from the possession of the co-accused Shravan Kumar.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the petitioners were not arrested on the spot and their name has come in the present case only on the basis of the confessional statement of the aforesaid apprehended co-accused persons which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the possession of the petitioners. The petitioners have no concern with the alleged offence. There is no statutory compliance under the provisions of the N.D.P.S. Act. The petitioners were not present at the place of occurrence. It is further submitted that other co-accused persons, namely, Raju

3/4 Kumar @ Raju Kumar Ram in Cr. Misc. No. 62366 of 2024 vide order dated 18.09.2024 and Suraj Kumar @ Surajbhan Singh in Cr. Misc. No. 72902 of 2024 vide order dated 03.10.2024 have already been granted bail by a Bench of this Court, annexed as Annexure-P/3 series to the present bail application. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner no. 1 is in custody since 18.07.2025 and the petitioner no. 2 is in custody since 08.07.2025 in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Sheohar in connection with CNR No. BRS001/002147/2024, arising out of Tariyarni P.S. Case No. 52/2024 with further condition:- (I) The petitioners are directed to remain physically present before the learned court below on each and every date, failing which

4/4 on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T