Manjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13413 of 2025 Arising Out of PS. Case No.-596 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Manjay Kumar Singh S/o Bharat Prasad Singh @ Bharat Singh R/o vill - Pupri, P.S.- Kurhani, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2025 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 16.11.2021 in connection with Town P.S. Case No. 596 of 2021, F.I.R. dated 10.08.2021 for the offences punishable under Sections 420, 379, 467, 468, 471 and 120B of the Indian Penal Code.
3. Earlier the bail application of the petitioner has been rejected vide order dated 28.02.2023 passed in Cr. Misc. No. 47893 of 2022. Thereafter, the petitioner has again moved before this Court for grant of regular bail in Cr. Misc. No. 49591 of 2024 but the same was dismissed as withdrawn vide order
2/4 dated 09.08.2024.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is in custody since 16.11.2021 and the trial is not in progress. Apart from that the petitioner is not named in the F.I.R, and the name of the petitioner has been transpired on the basis of the confessional statement of the co-accused person and the self confessional statement of the petitioner. He further submits that similarly situated, co-accused, namely, Rajesh Kumar has been granted bail by this Court vide order dated 04.09.2023 passed in Cr. Misc. No. 26340 of 2023 and another co-accused, namely, Md. Zafar Iqbal @ Md. Iqubal @ Zafar Ekbal has been granted bail by this Court vide order dated 19.04.2024 passed in Cr. Misc. No. 16266 of 2024.
5. Vide order dated 05.03.2025, a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 06.03.2025 reveals that out of 7 charge sheet witnesses, 3 witnesses have been examined and the case is pending for examination of rest of the prosecution witnesses.
6. Learned counsel for the petitioner submits that in veiw of the report of the learned Trial Court, the trial is not
3/4 likely to be concluded in the near future and the petitioner is in custody since 16.11.2021 i.e., more than 3 years and 5 months.
7. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries seven criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in four cases out of seven.
6. Considering the aforesaid facts and circumstances that the petitioner is not named in the F.I.R, similary situated coaccused persons have been granted bail by this Court as well as period of custody, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 596 of 2021, subject to the following conditions:- i. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
4/4 ii. 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.
iii. 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 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) Vanisha/- U T