Manish Kumar @ Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3119 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Manish Kumar @ Manish Yadav, S/o Late Nagmani Singh, R/o Village.- Nonhar, P.S.- Suryapura, District.- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 23-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bikramganj P.S. Case No.107 of 2016 registered under Section 379 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Rohtas.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the petitioner has been remanded in the present case, on the basis of his own confessional statement, as recorded in another case, on the basis of which the stolen motorcycle of the present case was recovered near the canal, as detailed in

Patna High Court Cr.Misc. No.3119 of 2017 (3) dt.23-03-2017 2/2 paragraph-37 of the case diary. The petitioner is in custody since 28.06.2016.

From perusal of the order dated 11.11.2016 passed in R.B.P. No.1036 of 2016 by the court of the 8th Additional Sessions Judge, Rohtas at Sasaram, rejecting the prayer of the petitioner for grant of bail, it appears that on the basis of the confessional statement of the petitioner, as recorded in paragraph-37 of the case diary, the stolen motorcycle of the present case was recovered near the canal. The petitioner also appears to be accused in two other cases.

Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T