Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 13538 of 2017 Arising Out of PS.Case No. -296 Year- 2016 Thana -JAHANABAD District- JEHANABAD ====================================================== Manish Kumar, Son of Shri Dhanraj Singh, Resident of village - Gangachak, P.S. Masauri, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Anuj Kumar, Advocate For the Opposite Party/s : MrAmit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner.

This is a second attempt made by the petitioner for grant of regular bail in connection with Jehanabad Police Station Case No 296 of 2016 registered for the offence under Sections 365, 302, 201, 120B, 467 468, 471 of the Indian Penal Code. It has been submitted by the petitioner that earlier the petitioner moved for bail and this Court, vide order dated 19.01.2017 passed in Cr Misc No 51534 of 2016, has rejected the prayer for bail of the petitioner with liberty to petitioner to renew his prayer for bail after framing of charge in this case before the Court below. It has further been submitted that now the charge has already been framed and the petitioner moved before the Court below and his application for bail was rejected by the Court which

Patna High Court Cr.Misc. No.13538 of 2017 (2) dt.22-03-2017 2/2 will appear from impugned order. It is further submitted that except confessional statement of co-accused, there is nothing against the petitioner in this case and now he has remained in custody for about 8 months.

Heard learned APP also.

Having heard both sides and in view of the submission as above, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Jehanabad in Sessions Trial No 76 of 2017/14 of 2017 corresponding Jehanabad Police Station Case No 296 of 2016, subject to the conditions that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) M.E.H./- U