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Patna High Court

Manjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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