Manglesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16393 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== Manglesh Kumar, aged about 20 years, (Male) son of Lal Babu Rai, Resident of village- Rajo, Police Station- Singhwara, District- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-09-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Katra PS Case No. 127 of 2020, instituted for the offence under Section 379 of the Indian Penal Code.

Since 08.06.2020, the petitioner is stated to be in custody.

Patna High Court CR. MISC. No.16393 of 2021(2) dt.15-09-2021 2/3 The First Information Report (for brevity 'FIR') is regarding taking away of a motorcycle from the door of the informant. The FIR is lodged against unknown persons.

The learned counsel for the petitioner submits that on suspicion, he has been taken into custody and other than his own confessional statement, there is nothing to connect the petitioner with the alleged occurrence. There is no recovery from his possession and he bears a clean past.

The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur, in connection with Katra PS Case No. 127 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how

Patna High Court CR. MISC. No.16393 of 2021(2) dt.15-09-2021 3/3 he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T