Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15234 of 2024 Arising Out of PS. Case No.-375 Year-2023 Thana- PIRO District- Bhojpur ====================================================== Manish Kumar, Male, aged about 18 years, S/o Vijay Singh R/o Vill - Marona, P.S. - Bikramganj, Dist. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Piro P.S. Case No.-375 of 2023 registered for the offence under Sections 379, 414 and 120(B) of the Indian Penal Code.

3. As per the prosecution case, three miscreants fled away with informant's bike and when after reaching co-accused Sonu Kumar's house, the informant found his bike parked there and it is a case of theft.

4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits there is no recovery from the conscious possession of the petitioner and his name has transpired on the basis of confessional statement of co-accused Sandip Kumar and he has not been arrested at the spot. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody

Patna High Court CR. MISC. No.15234 of 2024(2) dt.18-03-2024 2/2 since 18.12.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Piro P.S. Case No.375 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T