Manoj Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14822 of 2022 Arising Out of PS. Case No.-52 Year-2020 Thana- MORKAHI District- Khagaria ====================================================== Manoj Sada, Son of Lalo Sada Resident of village - Piparpanti, P.S. - Alauli, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-08-2022 Heard Mr. Ranjeet Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Umesh Lal Verma, learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Morkahi P.S. Case No. 52 of 2020, for the offence punishable under Sections 147, 148, 341, 323, 385, 387, 379, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation made in the F.I.R. is that accused persons named in the F.I.R. demand Rs. Five Lakhs as extortion money from the informant.

Learned counsel appearing on behalf of the petitioner submits that petitioner has been implicated in the present case just because altogether ten cases are pending against him, but he

Patna High Court CR. MISC. No.14822 of 2022(2) dt.23-08-2022 2/3 is on bail in all cases. The petitioner has remained in custody since 05.04.2021, but he has not been put on T.I.P. On these grounds the petitioner seeks bail.

Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner. It is further submitted that petitioner has confessed that he is involved in the crime as alleged in the F.I.R. The criminal history of the petitioner is not such that if he is released on bail he will be not engaged in crime.

Considering the nature of allegation made in the F.I.R which is against unknown and period of custody undergone by the petitioner and trial is not likely to be concluded in near future. The petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Khagaria in connection with Morkahi P.S. Case No. 52 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.14822 of 2022(2) dt.23-08-2022 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(6) The petitioner will make his attendance before the concerned Police Station under which his house is located every day at 9.00 A.M till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the Police Station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction.

(Purnendu Singh, J) manish/- U T