Patna High Court
Manchan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Manchan Kumar, a 20‑year‑old, applied for regular bail in a case registered under Section 309(4) of the B.N.S. He argued that the only evidence against him was the testimony of a co‑accused, while the alleged stolen mobile phone was recovered from another co‑accused and there was no material linking him to the crime. He also highlighted that the investigation was complete and another co‑accused had already been granted bail. The State opposed the bail. Considering the petitioner’s young age, the lack of substantive evidence, the completion of investigation, and the precedent of bail to a co‑accused, the Court ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the B.N.S. given his age, the nature of evidence, and the completion of investigation
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- young accused
- investigation completed
- sureties
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89113 of 2025
Arising Out of PS. Case No.-732 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Manchan Kumar, Son of Abadhesh Prasad @ Lala Yadav, Resident Of Village
- Mandil, P.S. - Parasbigha, Dist. - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Neeraj, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 1. Heard Mr. Nityanand Neeraj, learned counsel for
the petitioner and Mr. Upendra Kumar, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
Makhdumpur P. S. Case No. 732 of 2025, dated 20.09.2025
registered for the offence punishable under Section 309(4) of the
B.N.S.
3. The main submissions advanced by the petitioner's
counsel are that the alleged looted mobile phone was recovered
from the possession of the co-accused Bikram Kumar and the
petitioner has been made accused mainly on account of his role
revealed by the said co-accused, except this there is no material
to show the petitioner's role in the alleged crime of loot. It is
further submitted that another co-accused, namely Munder
Patna High Court CR. MISC. No.89113 of 2025(2) dt.12-01-2026
2/2
Chaudhary, has been granted bail by the Coordinate Bench of
this Court vide order dated 18.12.2025 passed in Cr. Misc. No.
87126 of 2025, the petitioner is a 20 year old young boy, has
been languishing in jail since 28.09.2025 and against him, the
investigation has been completed.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. Considering the aforesaid submissions, the
averments made in this application and mainly petitioner's
young age and his custody period coupled with the completion
of investigation against him, this Court is inclined to release
him on bail. Accordingly, let the petitioner named-above be
enlarged on bail in connection with Makhdumpur P. S. Case No.
732 of 2025 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.
(Shailendra Singh, J)
Rajiv/-
U T
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