Mannu Paswan @ Abhimanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6596 of 2022 Arising Out of PS. Case No.-492 Year-2019 Thana- BARH District- Patna ====================================================== Mannu Paswan @ Abhimanu Kumar, Son of Sudhir Kumar @ Sudhil Paswan Resident of Village- Bichali Malahi, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Kumar, Advocate Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Barh P.S. Case No. 492 of 2019 registered for the alleged offences under Section 394 of the Indian Penal Code.

As per the prosecution story, some unknown miscreants looted Rs. 1 lac and one mobile phone from the informant at the gunpoint. The name of the petitioner cropped up during investigation as one of the co-accused persons.

Patna High Court CR. MISC. No.6596 of 2022(2) dt.25-07-2022 2/3 The learned counsel for the petitioner submits that the petitioner is not named in the FIR and nothing incriminating has been recovered from his possession. He has been roped in this case merely on the basis of confessional statement of coaccused Amit Kumar, who has been granted bail by a Coordinate Bench of this Court vide order dated 25.08.2020 passed in Cr. Misc. No.22453 of 2020. The other co-accused persons have also been granted bail by different Coordinate Benches of this Court in Cr.Misc.Nos. 31649/2020, 28801/2021, 32516/2021 and 22580/2021. The charge sheet has been submitted in this case and the petitioner is in custody since 01.11.2021.

Learned APP opposes the prayer for bail submitting that the name of the petitioner transpired during investigation and he is also accused in two other cases.

Having regard to the submissions made hereinabove and considering the fact that charge sheet has been submitted in this case and the petitioner is in custody since 01.11.2021, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Barh P.S. Case No. 492 of 2019,

Patna High Court CR. MISC. No.6596 of 2022(2) dt.25-07-2022 3/3 subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) The petitioner will not commit similar type of offences in future.

(v) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T