Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14803 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Manish Kumar, Son of Dipu Prasad @ Dipu Kumar Resident of village and Post - Kadhariya, Police Station - Buniyadganj, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2. Advocate For the State :

Mr. Abhay Kumar Roy, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-07-2022 Heard learned counsel appearing on behalf of the petitioner and 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 GRP/Kiul P.S. Case No. 69 of 2021, for the offence punishable under Sections 379, 411 and 413 of the Indian Penal Code. The prosecution story, in brief, is that a motorcycle was stolen from the railway parking and the petitioner in his confessional statement has confessed that he was also one of the co-accused involved in the theft of motorcycle from the railway campus.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in the case. The petitioner was made accused in

Patna High Court CR. MISC. No.14803 of 2022(2) dt.11-07-2022 2/3 another case and while he was in Police custody his confessional statement was recorded, which has no evidentiary value. Nothing has been recovered from the conscious possession of the petitioner while the alleged motorcycle has been recovered from one Vinod Yadav. The petitioner is in custody since 17.11.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, who is in custody since 17.11.2021, 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 Railway Judicial Magistrate, Kiul, Lakhisarai in connection with GRP-Kiul P.S. Case No. 69 of 2021, 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.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.14803 of 2022(2) dt.11-07-2022 3/3 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.

(Purnendu Singh, J) manish/- U T