Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13133 of 2022 Arising Out of PS. Case No.-67 Year-2019 Thana- BELCHHI District- Patna ====================================================== MANISH KUMAR Son of Kamalesh Raut @ Kamalesh Jugeshwar Raut R/o Village - Bakara, P.S. - Bind, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2022 Heard the parties.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 302, 504 of the IPC.

Earlier twice, the prayer for bail of this petitioner was rejected vide order dated 06.07.2020, passed in Cr. Misc. No.14051 of 2020 with a liberty to renew his prayer for bail after framing of charge and again vide order dated 02.03.2021 passed in Cr. Misc. No.7003 of 2021.

The petitioner has now filed this application for bail. Vide order dated 30.03.2022, a report was called for, regarding the stage of trial. In compliance thereof, a report sent by learned Additional District and Sessions Judge-Vth, Barh (Patna) dated 06.04.2022, is kept at flag 'X', whereby it is

Patna High Court CR. MISC. No.13133 of 2022(3) dt.11-05-2022 2/3 submitted that the charge has been framed on 28.01.2022 but no witness has been examined till date.

It is submitted by learned counsel for the petitioner the petitioner is in custody since 04.11.2019 and similarly situated several co-accused have been granted bail by different coordinate Benches of this Court. Charge has also been framed. Considering the submissions made, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Belchhi P.S. Case No.67 of 2019, Sessions Trial No.404/2021, subject to the following conditions: (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

Patna High Court CR. MISC. No.13133 of 2022(3) dt.11-05-2022 3/3 (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) pallavi/- U T