Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.14417 of 2021 Arising Out of PS. Case No.-171 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== Manish Kumar S/O Sri Ajay Kumar R/o village- Lat, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms.Madhuri Kumari, Advocate For the Opposite Party/s :
Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-06-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. 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 Hulasganj P.S. Case No. 171 of 2019 registered for the offences punishable under Section 414, 467, 468, 471 and 420 of the Indian Penal Code.
Learned counsel for the petitioner submits that no stolen motorcycle has been seized from the house of this petitioner when police party raided the house. Learned counsel submits that father of the petitioner informed the police parties that this petitioner was also riding on unregistered Splendar
2/4 motorcycle for last few days which was kept in the house of coaccused Rahul Kumar. Learned counsel further submits that the petitioner is a student and has got one case on his head which is of petty nature arising out of a land dispute with one co-villager. Petitioner is in custody since 06.12.2020.
Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein this court has noticed the submission of learned counsel for the petitioner that no stolen motorcycle has been seized from the house of this petitioner when police party raided the house, the only allegation which has been made against the petitioner is that his father informed the police parties that this petitioner was also riding on unregistered Splendar motorcycle for last few days which was kept in the house of co-accused Rahul Kumar, it is only on the basis of this statement allegedly incorported in the F.I.R. the petitioner has been made accused, further submission that the petitioner is a student and has got one case on his head which is of petty nature arising out of a land dispute with one co-villager, further submission that the petitioner has remained in jail in connection with this case since 06.12.2020, investigation against him is complete but the trial is
3/4 not likely to be concluded in near future, the other to-accused have been granted bail by the learned coordinate Benches of this court, considering the totality of the facts and circumstances of the case and the submissions this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of Smt. P. Kumari, learned Judicial Magistrate - 1st Class, Jehanabad in connection with Hulasganj P.S. Case No. 171 of 2019, 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 disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage
4/4 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.