Manibhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75667 of 2024 Arising Out of PS. Case No.-258 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== Manibhushan Kumar, Son of Dinesh Ray @ Dinesh Kumar, Resident of village- Turki Khararo, Dak Bangla, P.S- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Minapur P.S. Case No. 258 of 2024, registered for the alleged offence under Sections 317(5), 338, 336(3), 340(2) and 3 (5) of the B.N.S.

3. As per prosecution case, police received information about the petitioner keeping a stolen motorcycle in his house. A raid was conducted and the petitioner was apprehended and two co-accused persons fled away from the spot. The petitioner disclosed that he and other two co-accused persons purchased the said motorcycle from co-accused Kanhaiya Kumar for a sum of Rs.13,000/-. The co-accused Kanhaiya Kumar was also apprehended, who disclosed that he

Patna High Court CR. MISC. No.75667 of 2024(2) dt.23-10-2024 2/3 used to sell the stolen motorcycle after transforming the same.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is a student of B.A. and recovery of motorcycle was made from the road where the petitioner and other two co-accused persons were standing. Nothing incriminating has been recovered from the person/possession of this petitioner. The petitioner is in custody since 06.08.2024 and is having clean antecedent.

5. The learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the period of custody of the petitioner along with his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Minapur P.S. Case No. 258 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative

Patna High Court CR. MISC. No.75667 of 2024(2) dt.23-10-2024 3/3 of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T