Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24886 of 2021 Arising Out of PS. Case No.-228 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== MANISH KUMAR Son of Kedhar Nath Banjara Resident of Village - Naya Tola, Jurabganj, P.S.- Korha, Distt.- Katihar. at present residing at Village Rautara, P.s.-Rautara, Dist.- Katihar. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants have stolen the bag of informant containing cash Rs.45,000/- and bank passbook.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation in confessional statement of co-accused Vishnu Kumar. Test Identification Parade has not been carried out till date. Petitioner is in custody since 28.9.2020. Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties,

Patna High Court CR. MISC. No.24886 of 2021(2) dt.27-07-2021 2/2 materials available on the record, let the petitioner, mentioned above, 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 Chief Judicial Magistrate Madhubani in CRI case no. 1703/2020, Rajnagar Police Station Case No. 228 of 2020 on 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/her absence on two consecutive dates without sufficient reason, his/her 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.

(Prabhat Kumar Singh, J) Shashi U T