Manjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.433 of 2025 Arising Out of PS. Case No.-288 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Manjeet Kumar S/o- Dhelan Sah @ Dhulan Sah Resident of village-Banjariya Ps- Mohammadpur District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barauli P.S. Case No. 288 of 2023 instituted for the offences under Sections 457, 380 of the Indian Penal Code.

3. Prosecution case, in short, is that, four unknown miscreants entered the house of the informant, committed theft of cash and ornaments 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 transpired in this case on the basis of confessional statement of the co-accused Rahul Kumar @ Mahendra @ Nanhaki in

Patna High Court CR. MISC. No.433 of 2025(2) dt.09-01-2025 2/3 Barauli P.S. Case No. 292 of 2023. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. The co-accused person has already been granted bail by this Court vide order dated 06.12.2024 passed in Cr. Misc. No. 83719 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.12.2023 and has ten criminal antecedents out of which he is on bail in eight cases.

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 as also 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 Barauli P.S. Case No. 288 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

Patna High Court CR. MISC. No.433 of 2025(2) dt.09-01-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T