Abhay Manjhi @ Laddu Manjhi @ Abhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17152 of 2022 Arising Out of PS. Case No.-213 Year-2020 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== ABHAY MANJHI @ LADDU MANJHI @ ABHAY SINGH S/o Kanhaiya Manjhi @ Kanhai Manjhi R/o village- Mofarganj, P.S. and District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 392 of the Indian Penal Code. Prosecution case, in short, is that three unknown persons looted Rs.89,000/-, samsung tab and mobile of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.17152 of 2022(2) dt.13-05-2022 2/2 present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the confessional statement of co-accused recorded under Section 161 of Cr.P.C. made before the police. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Katihar in connection with Katihar Muffasil P.S. cse No.213/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T