Patna High Court
Bisho ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted bail to the petitioner, directing release upon furnishing a bail bond of Rs.20,000 with two sureties.
Summary
The petitioner, Bisho Manjhi, was arrested in connection with a theft case (Sheikhpura P.S. Case No. 306 of 2025) alleging he entered the informant's house and looted articles. He applied for regular bail, contending that no stolen items were recovered from his possession or house and that he was falsely implicated due to a wage dispute with the informant. The State opposed the bail. The court noted the petitioner’s clean antecedent, the lack of any recovered loot, and the circumstances of the allegation, and consequently ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties. The order reflects the court’s discretion to grant bail when the prosecution has not substantiated the recovery of stolen property and the accused has no prior record.
Issues considered
- Whether bail should be granted to the accused in a theft case where no stolen property has been recovered and the accused has a clean antecedent.
- Whether the offences under sections 331(4), 305 and 3(5) of the BNS are bailable in the present circumstances.
Legislation cited
- BNS — s. 305, 331(4), 3(5)
Subjects
- bail
- criminal procedure
- theft
- clean antecedent
- recovery of stolen property
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86068 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Bisho Manjhi Son of Darogi Manjhi R/o - Jamalpur, Sheikhpura, P.S.-
Sheikhpura, Dist.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Priya Kumari, Adv.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mrs. Priya Kumari, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
Petitioner seeks regular bail in connection with
Sheikhpura P.S. Case No. 306 of 2025 dated 13.10.2025
registered for the offences punishable under sections 331(4),
305 and 3(5)of the BNS.
The main submissions advanced by the petitioner’s
counsel are that though the petitioner is named in the FIR and
the informant alleged that the petitioner along with other co-
accused persons entered his house and looted household articles,
cash and ornaments etc. but after the petitioner was arrested the
police failed to recover any looted article from the petitioner’s
possession or his house, in fact the petitioner used to work for
the informant on daily wages and in between them, a dispute
Patna High Court CR. MISC. No.86068 of 2025(2) dt.09-01-2026
2/2
with regard to the payment of wages arose due to which the
petitioner has been falsely implicated by the informant. It is
lastly submitted that petitioner bears no criminal antecedent and
has been languishing in jail since 14.09.2025.
Learned APP for the State has opposed the bail prayer
of the petitioner.
In the facts and circumstances of this case and
considering the above submissions and averments made in this
petition mainly the petitioner’s fair and clean antecedent and
coupled with the fact that police failed to recover any looted
article from the possession of the petitioner or his house after
the petitioner was taken into custody as stated by the
petitioner's counsel, this Court is inclined to release the
petitioner on bail. Accordingly, let the petitioner named-above
be released on bail on furnishing bail bond of Rs.20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the court concerned in connection
with Sheikhpura P.S. Case No. 306 of 2025.
(Shailendra Singh, J)
siddharthkr/-
U T
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