Manish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Manish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender before the trial court within six weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Warisnagar P.S. Case No.22 of 2024, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Warisnagar P.S. Case No.22 of 2024 registered for the offence under Section 379 of the Indian Penal Code, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted because no incriminating article was recovered from the petitioner's physical possession connecting him with the occurrence, and the petitioner is not named in the FIR, his name having surfaced on the basis of the confessional statement of co-accused Shushil Kumar.

Ratio / Principle

The petitioner is to be released on anticipatory bail in the event of his arrest or surrender before the trial court within six weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Ramesh Chand Malviya, J) granted anticipatory bail to the petitioner apprehending arrest in Warisnagar P.S. Case No.22 of 2024 (Section 379 IPC, alleged taking away of motorcycle bearing registration no. BR33BB0311). Grounds relied upon by the court: petitioner not named in the FIR, his name having surfaced only on the confessional statement of co-accused (recorded as 'Shushil Kumar' in the order; counsel referred to him as 'Sushil Kumar'), and no incriminating article recovered from his physical possession connecting him with the occurrence. Bail ordered on arrest or surrender before the trial court within six weeks, on a bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the conditions under Section 438(2) Cr.P.C. Order dated 17-01-2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58419 of 2024

Arising Out of PS. Case No.-22 Year-2024 Thana- WARISNAGAR District- Samastipur

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

Manish Kumar Son of Baleshwar Ray R/V-Village- Dhurlakh, P.S- Waris Nagar, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Amar Kumar Singh For the Opposite Party/s : Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 17-01-2025

Heard learned counsel appearing on behalf

of the parties.

The petitioner apprehends arrest in

connection with Warisnagar P.S. Case No.22 of 2024 registered for the offence under Sections 379 of the Indian Penal Code.

The allegation against the petitioner along with other co-accused persons is to have taken away a motorcycle bearing registration no. BR33BB0311 belongs to the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated

Patna High Court CR. MISC. No.58419 of 2024(2) dt.17-01-2025 2/3

in the present case. It is submitted that petitioner is not named in the FIR, where, his name surfaced on the basis of confessional statement of other co-accused person, namely, Sushil Kumar. It is submitted that petitioner was no apprehended at the spot and no incriminating article has been recovered from the physical possession of the petitioner. It is submitted that petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and as no incriminating article has been recovered from physical possession of this petitioner, which may connect this petitioner with the present set of occurrence and as the petitioner is not named in the FIR, where, his name surfaced in this case on the basis of confessional statement of other coaccused, namely, Shushil Kumar, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in

Patna High Court CR. MISC. No.58419 of 2024(2) dt.17-01-2025 3/3

connection with Warisnagar P.S. Case No.22 of 2024 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J)

S.Katyayan/-

U