Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54086 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Manoj Kumar S/o Shri Shiv Chandra Singh R/o Village Jandaha, P.S. Jandaha, Distt- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jandaha P.S. Case No. 123 of 2015 registered for the offence punishable under Section 387 of the Indian Penal Code and Section 17 of the C.L.A. Act.

Allegedly, from mobile No-7261093894 the informant and his neighbour Chatarbhuj Prasad were called to pay levy otherwise to kill them and further Purcha were also given. During investigation it reveals that the petitioner is holding and using the said mobile and accordingly, search was made and mobiles were seized and further the petitioner confessed his guilt. Submission is of false implication and that the

Patna High Court Cr.Misc. No.54086 of 2015 (3) dt.21-01-2016 2/2 petitioner has been made victim of circumstances, nothing was paid, no amount has been recovered and as such the petitioner who is suffering in custody since 09.07.2015 deserves sympathetic consideration as chargesheet has already been submitted and there is no chance of tampering with prosecution evidence. Learned A.P.P. submits that besides the mobile other incriminating papers have also been recovered. In the facts and circumstances stated above, considering the period of detention of the petitioner and further that he has got no criminal antecedent, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Vaishali in connection with Jandaha P.S.

Case No. 123 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) siddharth/- U T