Sarvesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2652 of 2026
                        Arising Out of PS. Case No.-251 Year-2025 Thana- BELHAR District- Banka
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                 Sarvesh Kumar S/O Panchalal Manjhi @ Pancha Manjhi R/O Village-

                 Vishanpur, Manjhi Tola, P.S.- Belhar, District- Banka


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Nandan Prasad, Advocate

                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   18-03-2026                   Heard Mr. Brij Nandan Prasad, learned counsel for the

                   petitioner and Mr. Anil Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   30.08.2025 in connection with Belhar P.S. Case No. 251 of

                   2025, F.I.R. dated 29.08.2025 for the offences punishable under

                   Sections 103(1) of the B.N.S., 2023                     and the Police has

                   submitted charge-sheet u/s 103(1), 61(2), 3(5) of the B.N.S.,

                   2023.

                                 3. According to prosecution case, the husband of the

                   informant was found dead in Prakash Yadav's field.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
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          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. The petitioner is not named in

          the FIR. The FIR has been instituted against unknown person.

          The name of the petitioner has been transpired during

          investigation in paragraph no. 53 of the case diary which

          suggest that this petitioner was last seen with the deceased.

          Thereafter, the petitioner has confessed his guilt in the present

          occurrence and except aforesaid, no other cogent material has

          come during investigation to show the involvement of the

          petitioner in the present occurrence. Even no one has seen the

          present occurrence. He further submits that the Police after

          investigation submitted charge-sheet against the petitioner and

          the petitioner is in judicial custody since 30.08.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that the petitioner has clean antecedent and the

          name of petitioner has been transpired during investigation on

          the basis that petitioner was last seen with the deceased, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
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                      like amount each to the satisfaction of the learned Chief Judicial

                      Magistrate, Banka, in connection with Belhar P.S. Case No. 251

                      of 2025, with the following conditions:

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. 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.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-
U       T