Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8026 of 2023 Arising Out of PS. Case No.-100 Year-2021 Thana- MATIHANI District- Begusarai ====================================================== MANISH SINGH Son of Deenesh Singh Resident of village - Bihat Gurudashpur Tola, Zero Mile, O.P.- Ziro Mile, P.S.- Barauni, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devesh Shankaran, Adv.

For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Matihani P.S. Case No. 100 of 2021 dated 23.08.2021 registered for the offence under Sections 363, 365/34 of the Indian Penal Code. The father of the informant is alleged to have been kidnapped by the unknown criminal.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that the petitioner has not been named in the F.I.R., however, his name transpired in this case on the basis of statement of the witnesses of agreement to sell with respect to piece of land made between the father of the informant and co-accused, Rajeev

Patna High Court CR. MISC. No.8026 of 2023(3) dt.22-06-2023 2/3 Kumar Sah. Save and except the suspicion, no cogent material has surfaced against the petitioner to suggest his involvement in the alleged occurrence. The petitioner is rotting in judicial custody since 22.09.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Judicial Magistrate-1st, Class, Begusarai in connection with Matihani P.S. Case No. 100 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal

Patna High Court CR. MISC. No.8026 of 2023(3) dt.22-06-2023 3/3 antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T