Mani Kumar @ Mani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36315 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- MAHESI District- East Champaran ====================================================== MANI KUMAR @ MANI SINGH Son of Rambabu Singh Resident of Village - Anjanakot, P.S.- Motipur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Mehsi P.S. Case No. 125 of 2020 registered for the offences punishable under Section 392 of the IPC.

The FIR of the occurrence of loot is against unknown. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has come in

2/4 confessional statement of co-accused. Petitioner also made his confessional statement. He further submits that nothing has been recovered from conscious possession of the petitioner. He further submits that till today petitioner has not been put on TIP. It is further submitted that co-accused Chandan Choudhary has been granted bail by a co-ordinate Bench of this court vide order dated 20.05.2021 passed in Cr. Misc. No. 10488 of 2021. Similarly, co-accused Anil Kumar Singh has been granted bail by a co-ordinate Bench of this court vide order dated 16.04.2021 passed in Cr. Misc. No. 7990 of 2021. Similarly, co-accused Babul Kumar @ Bablu Kumar has been granted bail by a coordinate Bench of this court vide order dated 29.07.2021 passed in Cr. Misc. No. 10072 of 2021. Similarly, co-accused Ratnesh Pandey @ Pintu Pandey has been granted bail by a co-ordinate Bench of this court vide order dated 29.07.2021 passed in Cr. Misc. No. 16876 of 2021. Petitioner is in custody since 08.07.2020.

The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries four criminal antecedent.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be

3/4 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 the learned Additional Chief Judicial Magistrate6, East Champaran, Motihari in connection with Mehsi P.S. Case No. 125 of 2020, subject to the following conditions:-

1. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. 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

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T