Patna High CourtCR. MISC./29011/2016bail granted

Rakesh Manjhi v. The State Of Bihar

2016-09-01Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.29011 of 2016 (3) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29011 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -KHIJARSARAI District- GAYA ====================================================== Rakesh Manjhi Son of Hardwar Manjhi, Resident of village - Hazichak, P.S. - Khizarsarai, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 380 and 461 of the I.P.C. The prosecution story, in brief, is that on the alleged date and time of occurrence the informant, who is Guard and Supervisor of Engineering College, Gaya, was watching the old Hostel of the College along with co-guard and found open the lock of door of Hostel. He found 70-75 fans of Usha company was removed. It is also alleged that co-accused Guddu Chaudhary and Ramesh Manjhi were wandering around the Hostel before 2-3 days. The informant and co-guard have suspected that the accused persons have committed theft of those fans.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.29011 of 2016 (3) dt.01-09-2016 the petitioner is in custody since 10.5.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. The petitioner is not named in the F.I.R. His name has come on the confessional statement of co-accused. The petitioner has not been put on Test Identification Parade. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on 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 IIIrd, Gaya in connection with Khizarsarai P.S. case No.92 of 2016 (G.R. No.2370 of 2016). (Sudhir Singh, J) Narendra/- U T