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

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

What the court decided

AI extract

Outcome

Regular bail granted conditionally: release only after framing of charge (if not framed) and on trial-court satisfaction that the petitioner is not absconding in the pending cases; bail bond of Rs.30,000/- under Section 2(1)(d) BNSS 2023 to the satisfaction of A.C.J.M., Sherghati, Gaya; subject to Section 480(3) BNSS 2023 conditions, including monthly attendance at the concerned police station for one year.

Issue for consideration

Whether petitioner Manish Kumar should be released on regular bail in connection with Bodhibigha Case No.55 of 2024, registered under Section 303(2) of the BNS.

Court's answer

Petitioner granted regular bail in Bodhibigha Case No.55 of 2024, but only after framing of charge (if not framed) and upon the trial court being satisfied that the petitioner is not absconding in any of the pending cases, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as per Section 2(1)(d) of the BNSS, 2023, to the satisfaction of A.C.J.M., Sherghati, Gaya.

Ratio / Principle

Release on bail is made subject to the conditions laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Key takeaways

Specific condition imposed: the petitioner shall appear before the concerned police station every month for one year to mark attendance.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), order dated 04-06-2025 in Criminal Miscellaneous No.34680 of 2025: regular bail granted to Manish Kumar in Bodhibigha P.S. Case No.55 of 2024 (offence under S. 303(2) BNS; FIR originally against unknown accused for theft of the informant's motorcycle). Bail is conditional: release only after framing of charge, if not framed, and on the trial court satisfying itself that the petitioner is not absconding in any of four other pending cases (Bodhi Bigha P.S. Case No.36 of 2024; Bodhi Bigha P.S. Case No.54 of 2024; Bodhi Bidha P.S. Case No.56 of 2024; Naudiha P.S. Case No.64 of 2024). Release upon furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in S. 2(1)(d) of the BNSS, 2023, to the satisfaction of A.C.J.M., Sherghati, Gaya, subject to conditions under S. 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including appearance before the concerned police station every month for one year to mark attendance. Earlier bail application had been rejected by the District and Sessions Judge, Sherghati, Gaya; the State opposed bail contending the motorcycle was recovered from the petitioner's possession and that four criminal cases of the same nature were pending; petitioner in custody since 27.02.2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34680 of 2025

Arising Out of PS. Case No.-55 Year-2024 Thana- Bodhibigaha District- Gaya

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

Manish Kumar S/o Upendra Sharma R/o Village- Naso, P.S.- Chhatrpur, District- Palamu (Jharkhand)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar Singh, Adv. For the Opposite Party/s : Mr.Vinod Shanker Modi, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 04-06-2025

Heard Learned Counsel for the petitioner and

learned APP for the State.

The petitioner seeks regular bail for the offences punishable in connection with Bodhibigha Case No.55 of 2024 lodged under Section 303(2) of the BNS.

As per the prosecution, the FIR has been lodged against unknown accused persons against whom there is allegation of theft of motorcycle of the informant.

Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that nothing has been recovered from the possession of the petitioner and he was not put on TIP. He further submits that the offence under which petitioner has been accused, is magisterial triable in nature.

Patna High Court CR. MISC. No.34680 of 2025(2) dt.04-06-2025 2/3

Counsel further submits that petitioner is in custody since 27.02.2025 and his antecedent is not clean. There are 4

criminal cases pending against him.

Learned APP for the State opposes the prayer for bail and submits that the said motorcycle has been recovered from the possession of the petitioner and it has been acknowledged in the rejection order passed by District and Sessions Judge, Sherghati, Gaya. He further submits that there are four criminal cases of same nature, pending against the petitioner .

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of A.C.J.M., Sherghati, Gaya in connection with Bodhibigha Case No.55 of 2024, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the following conditions:-

Patna High Court CR. MISC. No.34680 of 2025(2) dt.04-06-2025 3/3

(i) the petitioner shall appear before the concerned

police station every month for one year to mark attendance.

The details of the cases which are pending against

the petitioner, are as follows:-

i. Bodhi Bigha P.S. Case No.36 of 2024.

ii. Bodhi Bigha P.S. Case No.54 of 2024. iii. Bodhi Bidha P.S. Case No.56 of 2024.

iv. Naudiha P.S. Case no.64 of 2024.

(Dr. Anshuman, J.)

Prakashmani/-

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