Manjeet Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.17861 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17861 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -JAMALPUR District- MUNGER ====================================================== Manjeet Sah, Son of Late Gulo @ Gulab Sah, Resident of MohallaSandalpur, P.S.-Kasim Bazar, District-Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Karuna Nath Sahay, Advocate.s For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.11.2016 in connection with Jamalpur P.S. Case No. 45 of 2016 for the offences alleged under Sections 387, 504 and 506 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the petitioner has not been named in the F.I.R. His name has surfaced from the confessional statement of co-accused Sachin Kumar in Kasim Bazar P.S. Case No. 10 of 2016 and the petitioner was implicated in three cases. No incriminating articles have been recovered from the conscious possession of the petitioner. The concerned SIM has been recovered from co-accused Nikki Kumar who has been granted bail by this Court in Cr. Misc. No. 44675 of 2016. Co-accused Aakash Kumar who is also implicated on the basis of the statement of the said Sachin Kumar, both Sachin Kumar and Aakash Kumar have also been granted bail by the learned Sessions Judge, Munger.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.17861 of 2017 (2) dt.11-04-2017 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Jamalpur P.S. Case No. 45 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/psc U T