Allowed¶19

Manjay Kumar @ Manjay Kumar Rai v. The State of Bihar

Patna HC6 May 2025CR. MISC./27487/2025

Case brief

AI extract

What is this about?

Keywords: regular bail; Section 303(2) Bharatiya Nyaya Sanhita; Chapra Town P.S. Case No. 646 of 2024; Saran; motorcycle theft; implicaton via co-accused confessional statement; parity with already-bailed co-accused Shailendra Kumar Yadav; previous antecedents/habitual thief plea rejected as bar; bail bond Rs. 10,000 with two sureties; CJM Saran at Chapra; Patna High Court; Arvind Singh Chandel, J.

What did the court decide?

Release of petitioner on bail in connection with Chapra Town P.S. Case No. 646 of 2024 on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the learned C.J.M., Saran at Chapra. ¶19

Manjay Kumar @ Manjay Kumar Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arrested in connection with Chapra Town P.S. Case No. 646 of 2024 (Section 303(2) BNS) and implicated on a co-accused's confessional statement, should be granted his first regular bail. +1 more

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Court's answer

The petitioner should be granted bail because the main accused from whom the stolen motorcycle was recovered (co-accused Shailendra Kumar Yadav) has already been granted bail by this Court.

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Ratio / Principle

Grant of bail was decided on the counsels' submissions and the evidence available against the applicant, expressly without commenting on the other merits of the case; the State's plea of five previous antecedents was thus not treated as disqualifying the applicant.

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Detailed headnote1 paragraphs

Criminal Miscellaneous No.27487 of 2025 (decided 06-05-2025) — Coram: Arvind Singh Chandel, J. First regular bail application of Manjay Kumar @ Manjay Kumar Rai, arrested in connection with Chapra Town P.S. Case No. 646 of 2024 dated 28.10.2024 for alleged offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, arising out of theft of informant Mukesh Kumar Rai's motorcycle on 27.10.2024. During investigation the stolen motorcycle was seized from co-accused Shailendra Kumar Yadav, and the petitioner was implicated on the basis of Yadav's confessional statement; petitioner in custody since 06.01.2025. The State resisted bail contending the petitioner is a habitual thief with five previous antecedents of the same nature. Held — considering the submissions and evidence available, and since the main accused from whom the motorcycle was recovered had already been granted bail by this Court, the petitioner was granted the benefit of bail: bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the learned C.J.M., Saran at Chapra.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27487 of 2025

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Arising Out of PS. Case No.-646 Year-2024 Thana- CHAPRA TOWN District- Saran

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

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Manjay Kumar @ Manjay Kumar Rai S/o Ramchandra Rai @ Mal Babu R/o Village- Shivnigri Chapra, P.S.- Muffasil, District- Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Avinash Kumar Pandey, Adv. For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER

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2 06-05-2025

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Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.

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It is the first regular bail application submitted by the petitioner who has been arrested in connection with Chapra Town P.S. Case No. 646 of 2024 dated 28.10.2024 for the alleged offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita.

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According to the case of prosecution, on 27.10.2024 some unknown persons stolen the motorcycle of the informant Mukesh Kumar Rai. On the basis of information given by him offences was registered against the unknown persons. During course of investigation the said stolen motorcycle has been seized from coaccused Shailendra Kumar Yadav. Subsequently, on the basis of confessional statement made by him the present applicant has been also implicated in this case.

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It is submitted by the counsel for the petitioner that the

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Patna High Court CR. MISC. No.27487 of 2025(2) dt.06-05-2025 2/2

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petitioner herein is innocent and is falsely implicated in this case only on the basis of confessional statement made by the co-accused Shailendra Kumar Yadav who had already been granted benefit of bail by this Court. He further submits that the petitioner is in custody since 06.01.2025 and he may be granted the benefit of bail.

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Learned counsel appearing on behalf of respondentState submits that the petitioner is a habitual thief as there are five previous antecedent of the same nature available against him. Therefore, on this ground only his prayer of bail may be rejected.

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Considering the submission made by the counsels and further considering the evidence available against the present applicant without further commenting on the other merits of the case, I am of the view that the present applicant should be granted the benefit of bail as the main accused from whom the motorcycle was recovered has already been granted benefit of bail by this Court. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Chapra Town P.S. Case No. 646 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned C.J.M, Saran at Chapra.

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(Arvind Singh Chandel , J)

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Siddharth Soni/-

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U T

Manjay Kumar @ Manjay Kumar Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manjay Kumar @ Manjay Kumar Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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