Patna High Court
Rahul Manjhi @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, subject to a bond, sureties, and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Rahul Manjhi, filed a bail application fearing arrest in a case registered under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023, concerning the alleged theft of a tempo. The informant claimed the tempo was stolen on 29 June 2025, but the petitioner’s name does not appear in the FIR; it surfaced only through a confessional statement of co‑accused Sujal Kumar, and no stolen property was recovered from him. The petitioner asserted a clean antecedent. The State opposed the bail. The Court, after considering the lack of direct evidence, the petitioner’s clean record, and the procedural safeguards, ordered that bail be granted on furnishing a Rs.10,000 bond with two sureties, within eight weeks of the order, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023, given the absence of his name in the FIR and lack of recovered stolen property.
- Whether the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are appropriate for the bail order.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 303(2)
Subjects
- bail
- theft
- Section 303(2)
- Bhartiya Nyaya Sanhita
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.769 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- MASAUDHI District- Patna
======================================================
Rahul Manjhi @ Rahul Kumar S/O Shiv Nath Manjhi R/O Village - Sirpalpur
Thikapar, P.S- Punpun, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 303(2) of the Bhartiya
Nyaya Sanhita, 2023.
3. The informant alleges that on 29.06.2025 at about 8
AM, he parked his Tempo near Purani Bazar Masjid and when
he came back at about 4 PM, he did not find his Tempo.
4. Petitioner is not named in the F.I.R. Name of the
petitioner transpired during investigation in the confessional
statement of co-accused Sujal Kumar. No stolen article has been
recovered from possession of this petitioner. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.769 of 2026(2) dt.21-01-2026
2/2
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
S.D.J.M., Masaurhi, District Patna in connection with Masaurhi
P.S. Case No. 519 of 2025, subject to condition as laid down
under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
anay
U T
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