Manjeet Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Manjeet Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to 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 learned Additional Sessions Judge-XII, Gopalganj/court concerned in connection with Manjhagarh P.S. Case No. 152 of 2023, subject to Section 480(3) of BNSS and specified conditions (close-relative bailor, presence on every date fixed by the court below, cancellation for absence on three consecutive dates or violation).

Issue for consideration

Whether the petitioner, accused under Sections 380 & 457 IPC in Manjhagarh P.S. Case No. 152 of 2023, is entitled to be released on bail.

Court's answer

Having regard to the facts and circumstances, submissions of the parties, the period of custody of the petitioner and submission of charge-sheet, the petitioner is directed to 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 learned Additional Sessions Judge-XII, Gopalganj/court concerned in connection with Manjhagarh P.S. Case No. 152 of 2023.

Ratio / Principle

The grant of bail is made subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) one of the bailors will be a close relative of the petitioner; (ii) the petitioner will remain present on each and every date fixed by the court below; and (iii) in case of absence on three consecutive dates or violation of the terms of bail, the bail bond will be liable to be cancelled by the court concerned.

Detailed headnote1 paragraphs

BAIL GRANTED - Theft case (Sections 380 & 457 IPC), Manjhagarh P.S. Case No. 152 of 2023, District Gopalganj: petitioner's name transpired during investigation on the basis of the confessional statement of co-accused Rahul Kumar (apprehended in another case); petitioner initially named in Baruli P.S. Case No. 292 of 2023 and thereafter made accused in altogether 10 cases, on bail in nine; nothing recovered from his house or conscious possession; in custody since 07.10.2023 and charge-sheet submitted. Despite the APP's objection that the petitioner is a habitual offender accused in a large number of cases, the High Court (Arun Kumar Jha, J., 16-04-2025), considering the period of custody and submission of charge-sheet, directed release on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each before learned Additional Sessions Judge-XII, Gopalganj, subject to Section 480(3) BNSS conditions and further conditions: one bailor a close relative, presence on each and every date fixed by the court below, and bail bond liable to cancellation on absence on three consecutive dates or violation of terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18418 of 2025

Arising Out of PS. Case No.-152 Year-2023 Thana- MANJHAGARH District- Gopalganj

======================================================

Manjeet Kumar Son of Damodar Mahto Resident of Village- Salehpur, P.S.Mohamadpur, Dist.- Gopalganj, Bihar-841423.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Akshay Ashish, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 16-04-2025

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in connection with Manjhagarh P.S. Case No. 152 of 2023 registered on 15.05.2023 for the alleged offences under Sections 380 & 457 of the Indian Penal Code.

As per prosecution case, a theft was committed in the dwelling house of the informant and the thieves took away ornaments, cash and clothes, worth Rs. 10,00,000/- (ten lacs). The name of petitioner transpired during investigation for being involved in the alleged theft.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been named in this case on the basis of

Patna High Court CR. MISC. No.18418 of 2025(2) dt.16-04-2025 2/3

confessional statement of co-accused Rahul Kumar, who was apprehended in some other case. Nothing has been recovered from the house of the petitioner and there is no recovery of any incriminating article from the conscious possession of the petitioner. The petitioner was initially named in Baruli P.S. Case No. 292 of 2023 by the co-accused in his confessional statement and thereafter, the petitioner has been made accused in altogether 10 cases by the police personnel and out of which, the petitioner is on bail in nine cases. The petitioner is in custody since 07.10.2023 and charge-sheet has been submitted.

Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner is a habitual offender and is accused in a large number of cases.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to 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 learned Additional Sessions Judge-XII, Gopalganj/court concerned in connection with Manjhagarh P.S. Case No. 152 of 2023, subject to the conditions mentioned in

Patna High Court CR. MISC. No.18418 of 2025(2) dt.16-04-2025 3/3

Section 480(3) of BNSS and the following conditions:

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

Ashish/-

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