Manoj Kumar v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3926 of 2019 Arising Out of PS. Case No.-799 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Manoj Kumar son of Nand Kishor Tripathi, Resident of Village- Chainpur, P.S. Baruraj, District- Muzaffarpu, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh Mr. Prabhat Kumar Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ahiyapur P.S. Case No. 799 of 2018 registered for the offenses punishable under Sections 392 of the Indian Penal Code.

Informant has alleged that four unidentified miscreants on strength of arms looted his Scorpio vehicle. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The vehicle was recovered from co-accused Rabindra Sahni and on his confession petitioner has been implicated in this case, except said confession there is no other incriminating material against the petitioner. Nothing

Patna High Court Cr.Misc. No.3926 of 2019(2) dt.25-01-2019 2/2 has been recovered from the possession of the petitioner and he has been remanded on 12.09.2018 from Ahiyapur P.S. Case No. 879 of 2019.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur, in connection with Ahiyapur P.S. Case No. 799 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Mohit Kumar Shah, J) S.Sb/- U T