Manoj Kumar @ Baba @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83596 of 2024 Arising Out of PS. Case No.-10 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Manoj Kumar @ Baba @ Vikash Kumar Son of Amit Dubey Resident of Village - Sahebganj, Sonarpatti, Butanbari Gali, P.S. - Muffasil, District - Saran (Chapra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s ;
Mr. Mahesh Narayan Parbhat, Sr. Advocate :
Mr. Praveen Prabhakar, Adv For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 30-04-2025 Heard Mr. Mahesh Narayan Prabhat learned Senior Counsel for the petitioner and Mrs. Pushpa Sinha learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Naubatpur P.S. Case No. 10 of 2020 registered for the offences punishable u/s 392 of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, on 05.01.2020, four accused persons had come near Gas agency of the informant and on the point of pistol looted Rs. 2,50,000/- from the cash counter, mobile phone, gold ring and fled away.
4. Learned Senior Counsel for the petitioner has submitted that the petitioner is not named in the FIR and his
Patna High Court CR. MISC. No.83596 of 2024(4) dt.30-04-2025 2/3 name has surfaced on the confessional statement of the coaccused Jay Lal Mahto. It is further submitted that the petitioner has falsely been implicated in this case and nothing specific has been alleged against him. It is next submitted that no incriminating article or stolen money has been recovered from the possession of the petitioner and no TIP has been conducted for the identification of the accused persons. It is lastly submitted that the petitioner has twelve criminal antecedents and is in custody since 29.08.2020.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner is a habitual offender and he carries antecedents of twelve cases prior to the present case, hence, he does not deserve the liberty of bail.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the person on whose confessional statement the name of the petitioner has surfaced, namely, Jay Lal Mahto has been granted bail by a co-ordinate Bench of this Court vide order dated 07.12.2021 passed in Cr. Misc. No. 37098 of 2021 and also taking into account the fact that the petitioner is in custody since 29.08.2020, let the petitioner above-named, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.83596 of 2024(4) dt.30-04-2025 3/3 of the like amount each to the satisfaction of learned Court concerned, Danapur, in connection with Naubatpur P.S. Case No. 10 of 2020.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T