Manjesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8363 of 2019 Arising Out of PS. Case No.-363 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== MANJESH GIRI, son of Laxman Giri Resident of Village-Piyaramath, P.S.- Dariyapur, District- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Bhaskar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 11.11.2018 in connection with Dariyapur P.S. Case No. 363 of 2018 for offences punishable under Sections 413, 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that on secret information that some persons are dealing in stolen motorcycle, the police conducted a raid and apprehended three persons including the petitioner while two managed to flee away, whose names were revealed by the arrested accused persons. From the possession of the petitioner stolen motorcycle was recovered, which he confessed he had purchased from one Dipu Kumar Rawat on payment of Rs.

Patna High Court Cr.Misc. No.8363 of 2019(2) dt.14-02-2019 2/3 5,000/- and after changing the registration number he proposed to sell the same. Other accused persons were also found in possession of motorcycles. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. It is further submitted that the petitioner is not engaged in sale and purchase of stolen motorcycle and has been made accused only on suspicion.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IV, Saran at Chapra, in connection with Dariyapur P.S. Case No. 363 of 2018, subject to the following conditions : 1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the

Patna High Court Cr.Misc. No.8363 of 2019(2) dt.14-02-2019 3/3 petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T