Manik Singh @ Aditya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15848 of 2021 Arising Out of PS. Case No.-377 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== MANIK SINGH @ ADITYA KUMAR S/o Sri Manoj Singh R/o villageShambhupura, P.S.- Naubatpur, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :
Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 379, 385, 386, 387, 120B and 34 of the Indian Penal Code, section 27 of the Arms Act and sections 3 and 4 of the Explosive Substances Act. As per the prosecution case, it is submitted that the gang of the father and son which included the petitioner herein, were regularly making demand of rangdari of Rs.5,00,000/- through whatsapp call. It is stated that on the date of occurrence the ten named accused persons came variously armed, started indiscriminate firing, beat up the employees and other staff of the informant and also exploded a bomb. It is further stated that they went away firing and giving threats that the rangdari should
Patna High Court CR. MISC. No.15848 of 2021(3) dt.09-09-2021 2/3 be paid within 24 hours. The informant states that he is convinced that the aforesaid two accused persons have a hand in the occurrence.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Neither any overt act has been alleged against him nor any material has transpired in course of investigation to connect the petitioner with the alleged crime. Further referring to the First Information Report it is submitted that besides an undated report having been given by the informant, although the report was received in the police station on 19.7.2020, but for reasons based known to the authorities, the same reached the Court and was seen by the learned Additional Chief Judicial Magistrate only on 14.8.2020. The petitioner is in custody since 14.8.2020 and charge sheet has been submitted in the case. Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Naubatpur P.S Case no. 377 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.15848 of 2021(3) dt.09-09-2021 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Danapur, District Patna.
(Partha Sarthy, J) Prakash/- U