Patna High Court
Manjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to both petitioners, directing them to furnish the prescribed bond and sureties.
Summary
Manjeet Kumar and Arvind Kumar were arrested in connection with a theft of an auto, charged under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. They contended that they were falsely implicated, were not named in the FIR, and had clean antecedents. The State opposed their bail application. The court examined the submissions and, noting the lack of direct evidence linking them to the stolen vehicle and their clean record, ordered their release on bail. Each petitioner was required to furnish a bail bond of Rs.10,000 with two sureties each. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether the petitioners are entitled to bail despite being charged under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023
- Whether the alleged false implication and absence of their names in the FIR justify granting bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
Subjects
- bail
- theft
- criminal procedure
- Bharatiya Nyaya Sanhita
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 33820 of 2026
Arising Out of PS. Case No.-246 Year-2026 Thana- DANAPUR District- Patna
======================================================
1. Manjeet Kumar, aged about 22 years (male), Son of Tribhuwan Rai,
Resident of Village- Sherpur bangla, P.S.- Maner, District- Patna, Bihar.
2. Arvind Kumar, aged about 18 years (male), Son of Damodar Rai, Resident
of Chakiyatola Khaspur, Ward No. 06, P.S.- Maner, District- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Tiwari, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
counsel for the State through virtual modes.
2. The petitioners are in custody in a case registered
for the offence punishable under Sections 303(2) and 317(2) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per allegation in the FIR, it is a case of theft of
an Auto of the informant bearing registration No. BR-01-
PN3260 (Bajaj CNG/ Eco Green).
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. He next
submits that petitioners are not named in the FIR and their
names have surfaced during course of investigation and no any
Patna High Court CR. MISC. No. 33820 of 2026(2) dt.20-05-2026
2/2
theft article has been recovered from conscious possession of
the petitioner, petitioners have got clean antecedents as stated in
the para-3 of the petition and they are in custody since
03.03.2026.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In view of the aforesaid submissions of learned
counsel for the petitioners, let the above named both petitioners
be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned CJM, Danapur in connection with
Danapur PS Case No. 246 of 2026.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.