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Patna High CourtCR. MISC./18574/2016bail granted

Manish @ Manish Kumar Singh @ Manish Singh v. The State Of Bihar

2016-05-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18574 of 2016 Arising Out of PS.Case No. -340 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ====================================================== Manish @ Manish Kumar Singh @ Manish Singh s/o Lalan Singh @ Jitendra Singh resident of village Narha P.S. Majorganj District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2016 Heard Sri Murari Prasad, learned counsel, who was assisted by Sri Uday Kumar, learned counsel for the petitioner and Sri Rana Randhir Singh, learned A.P.P.

This is second attempt for grant of bail. Earlier , prayer for bail of this petitioner was rejected on 17.12.2015 vide Cr. Misc. No. 55349 of 2015.

Learned counsel for the petitioner submits that after rejection of the prayer for bail of the petitioner other two accused namely, Pintu Singh as well as Arvind Kumar Singh who were also not named in the F.I.R. as accused like the petitioner, have been granted bail by this court on 19.01.2016 vide Cr. Misc. No. 48441 of 2015 and order dated 15.3.2016 vide Cr. Misc. No. 2969 of 2016 respectively. Accordingly, it has been argued that petitioner deserves the same relief.

Patna High Court Cr.Misc. No.18574 of 2016 (2) dt.04-05-2016 2/2 Learned A.P.P. opposes the prayer of bail. He submits that earlier prayer for bail was rejected mainly on the ground that he was having criminal antecedent.

Be that as it may, since in similar circumstances subsequent to rejection of prayer for bail of this petitioner other co -accused have been granted bail, there is no reason to refuse prayer for bail to the petitioner. Let the petitioner Manish @ Manish Kumar Singh @ Manish Singh be enlarged on bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi/concerned court, in connection with Majorganj P.S. Case No. 340 of 2014 with condition that one of the bailors must be blood relation of the petitioner and secondly during the trial the petitioner shall remain physically present on each and every date. If continuously on two dates without prior permission of the court below the petitioner remains absent his bail bond shall stand automatically cancelled. (Rakesh Kumar, J) Praful/- U T