Mani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8516 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- SAHAJITPUR District- Saran ====================================================== Mani Singh Son Of Srikant Singh Resident Of Village- Medhuka P.S. Sahajitpur, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sahajitpur P.S. Case No. 144 of 2021 registered for the offence under Sections 461 and 379 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 15.12.2021.

The allegation against the petitioner is to unfasten closed receptacle and also of theft, and while committing so, taken away two boxes of sweets of Sudha make and three mobile phones.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.8516 of 2022(3) dt.27-06-2022 2/3 submitted that the name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Sonu Tiwari and nothing incriminating recovered from the conscious physical possession of petitioner, in furtherance of the confessional statement which may connect the petitioner with present occurrence. It has further been submitted that chargesheet of this case has already been submitted, as such, there is no chance of tampering of evidence.

Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the name of the petitioner surfaced on the basis of confessional statement of coaccused. Considering the facts and circumstances as mentioned above, as the name of the petitioner surfaced on the basis of confessional statement, leading no recovery to incriminate the petitioner in this case coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Sahajitpur P.S. Case No. 144 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Saran at Chapra, subject to the following conditions:

Patna High Court CR. MISC. No.8516 of 2022(3) dt.27-06-2022 3/3 "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Srikant Singh, who is the father of the petitioner and deponent of the present bail petition."

The physical appearance of I/O of this case before the Court is dispensed with.

(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T