Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89189 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Manish Kumar S/o- Rudneshwar Ray @ Rudal Ray Resident of Bhatgama P.S-Ghatho Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sarairanjan P.S. case No. 185 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3.

Prosecution case, in short, is that two unknown miscreants boarded on a motorcycle snatched the mobile, cash amounting to Rs. 94,000/- and key of the motorcycle and fled away.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case during investigation only on the basis

Patna High Court CR. MISC. No.89189 of 2024(2) dt.08-01-2025 2/3 of confessional statement of the co-accused Kundan Kumar. No incriminating article has been recovered from the conscious possession or from the house of this petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. Petitioner is in custody since 22.08.2024 and has six criminal antecedents. Other co-accused has been granted bail by this Court vide order dated 28-02-2024, passed in Cr. Misc. No. 12272 of 2024. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarairanjan P.S. case No. 185 of 2023, 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

Patna High Court CR. MISC. No.89189 of 2024(2) dt.08-01-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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