Patna High CourtCR. MISC./49083/2017bail granted

Manish Kumar v. The State Of Bihar

2017-10-18Mr. Justice S. Kumar2 pages

Patna High Court Cr.Misc. No.49083 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49083 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -MALSALAMI District- PATNA ====================================================== Manish Kumar S/o Sri Shiv Chandra Paswan, R/o Mohalla- Pir Damaria, P.S.- Malsalami, Patna City, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Veena Kumari Jaiswal, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks regular bail in connection with Malsalami Police Station Case No. 148 of 2017, G.R. No. 1307 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code.

The informant has alleged in the FIR that while he was returning to his residence after closing his shop with Rs. three lakhs kept in the bag. Some unknown accused persons came and snatched away the bag and also assaulted the informant. A search was conducted in the premises of petitioner and police recovered Rs. 36,500/- from his possession and that has been seized by the police. Petitioner contends that the money belongs to him.

Patna High Court Cr.Misc. No.49083 of 2017 (2) dt.18-10-2017 Learned counsel for the petitioner submits that the he has no criminal antecedent and similarly situated co-accused persons, namely, Bittu Kumar and Hemant Raj have already been granted bail by a co-ordinate Bench of this Hon'ble Court passed in Cr. Misc. Nos. 42443 of 2017 dated 14.09.2017 and 43456 of 2017 dated 15.09.2017 respectively. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 30.06.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, in connection with Malsalami P.S. Case No. 148 of 2017.

(S. Kumar, J) veena/- U T