Nagmani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19675 of 2023 Arising Out of PS. Case No.-360 Year-2021 Thana- NAGAR District- Vaishali ====================================================== NAGMANI SINGH S/O LAXMAN SINGH R/v- Manua, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 15.10.2022 in connection with Hajipur Town P.S. Case No. 360 of 2021, F.I.R. dated 30.04.2021 registered for the offence punishable under Section 395 of IPC.

3. The FIR of the occurrence of loot is against unknown.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the self-confessional statement of the petitioner and

Patna High Court CR. MISC. No.19675 of 2023(3) dt.25-07-2023 2/3 except the self-confessional statement of the petitioner, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and nothing has been recovered from conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. Further submits that coaccused, namely, Mukesh Kumar @ Rupesh @ Rupesh Kumar has been granted bail by this Court vide order dated 26.06.2023 passed in Cr. Misc. No.12915 of 2023 and the police, after investigation, submitted chargesheet against the petitioner on 12.12.2022 and the petitioner is in custody since 15.10.2022.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one but fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, 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 learned C.J.M., Vaishali at

Patna High Court CR. MISC. No.19675 of 2023(3) dt.25-07-2023 3/3 Hajipur in connection with Hajipur Town P.S. Case No. 360 of 2021,with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(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) Nitesh/- U T