Manjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1733 of 2020 Arising Out of PS. Case No.-46 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== Manjay Kumar, S/o Shiv Prasad Rai @ Mutuki Rai, Resident of VillageKaima Shikoh, P.S.- Chowk, Distt- Patna. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dayashanker Pandey, Advocate For the Opposite Party/s :

Mr.Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Chowk P.S. Case No. 46 of 2019 registered for the offences punishable under Sections 341, 323, 354, 504,34 of the Indian Penal Code and Section 37(C) of the Excise Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no specific allegation against the petitioner.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the submission of learned counsel for the petitioner that the petitioner is a neighbour of the informant and

Patna High Court CR. MISC. No.1733 of 2020(2) dt.14-01-2020 2/3 has has been made accused on false and flimsy allegation that he was indulged in eve-teasing of the informant and save and except the same there is no other allegation against the petitioner, he was not found in drunken condition and that the co-accused Chhotu Kumar has been granted bail by learned Special Judge, Excise, Patna vide Annexure-2 to the present application as also that the petitioner has no criminal antecedent, let the petitioner above named be released on bail in connection with Special Case No. 1187 of 2019 arising out of Chowk P.S. Case No. 46 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.1733 of 2020(2) dt.14-01-2020 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/vats U T