Manikant Kumar @ Manikant @ Manish Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Renu Kumari, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 11-08-2025

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State.

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The petitioner seeks bail in connection with Nawahatta P.S. Case No. 42 of 2025 registered for the offences punishable under Sections 126(2), 109, 352, 351(2), 3(5) of the B.N.S., 2023 read with Section 27 of the Arms Act.

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As per prosecution case, three unknown miscreants wearing masks on their faces came on one motorcycle and fired two bullets upon the right leg of the informant as a result of which in informant sustained gun shot injuries and fell down. Hence, FIR was lodged against unknown.

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Learned counsel for the petitioner submits that during the course of investigation, the name of the petitioner has

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Patna High Court CR. MISC. No.53225 of 2025(2) dt.11-08-2025 2/3

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been surfaced in this case upon the confessional statement of coaccused Abtu Kumar. Except confessional statement of the said co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is quite innocent and has committed no offence as alleged in the FIR. Petitioner is in custody since 28.04.2025 and he bears criminal antecedent of one case in which he is on bail. Learned counsel submits that petitioner has falsely been implicated in the present case merely on the basis of criminal antecedent. Learned counsel orally submitted that Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. MISC. No.53225 of 2025(2) dt.11-08-2025 3/3

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learned J.M. Ist Class, Saharsa in connection with Nawahatta P.S. Case No. 42 of 2025, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(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.

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(Alok Kumar Pandey, J)

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alok/-

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U T

Manikant Kumar @ Manikant @ Manish Kumar v. The State of Bihar

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Manikant Kumar @ Manikant @ Manish Kumar v. The State of Bihar

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