Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6561 of 2023 Arising Out of PS. Case No.-556 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== MANOJ KUMAR S/o Rambabu Sah R/o - Kali Mandir Chhapra, P.S.- Kanti, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 392 and 395 of the Indian Penal Code.

As per prosecution case, some unknown criminal on the point of pistol has taken away the vehicle of the informant. It has been mentioned in the written report that one co-accused Danish, who was involved in the offence of similar nature and was employed as Driver of Tempo in Bawani Traders, was apprehended.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The

Patna High Court CR. MISC. No.6561 of 2023(3) dt.06-07-2023 2/2 name of the petitioner has come into light, on the basis of confessional statement of other co-accused, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 16.05.2023 passed in Cr. Misc. No. 16569 of 2023. He is languishing in judicial custody since 14.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Kanti P.S. Case No. 556 of 2022.

(Sunil Kumar Panwar, J) arish/- U T