Nepali Manjhi @ Chikni @ Shekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22344 of 2018 Arising Out of PS.Case No. -568 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Nepali Manjhi @ Chikni @ Shekhar, aged about 22 years, Son of Late Bangali Manjhi, Resident of Mohalla- G.P.O. Pul, P.S.- Kotwali, DistrictPatna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 07.12.2017 in connection with Kotwali P.S. Case No. 568 of 2017 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he along with his brother had collected Rs. 3.5 lacs out of sale of Kirana items from different customers and coming in the motorcycle, 3-4 miscreants in two motorcycles

Patna High Court Cr.Misc. No.22344 of 2018 (2) dt.19-04-2018 2/3 intercepted and took away the bag containing Rs. 3.5 lacs. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and it is only on the basis of his own confessional statement before the police, he has been made accused. He submits that only Rs. 1000/- has been recovered from his possession, no T.I. Parade has been done so far and charge-sheet has already been submitted.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is accused in two more cases of similar nature.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No.568 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in

Patna High Court Cr.Misc. No.22344 of 2018 (2) dt.19-04-2018 3/3 future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T