Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25102 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Manoj Kumar SON OF LATE ESHWAR PODDAR RESIDENT OF VILLAGE- SARMASTPUR, PS- SAKARA, DISTT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Chakmehsi P.S. Case No. 178 of 2023 registered for the offences punishable under Section 414/34 of the Indian Penal Code.

3. As per prosecution case, petitioner and other are said to have been apprehended on the spot alongwith stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case merely on suspicion. Except suspicion, there is nothing on record to demonstrate the complicity of the present petitioner

Patna High Court CR. MISC. No.25102 of 2024(2) dt.27-03-2024 2/3 with the alleged occurrence. The petitioner is languishing in custody since 19.09.2023 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. He further submits that co-accused Vijay Kumar @ Vijay has already been granted bail by this Court vide Cr. Misc. No. 5144 of 2024 and on the principle of parity, the petitioner also deserves bail.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, co-accused has already been granted bail, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Samastipur in connection with Chakmehsi P.S. Case No. 178 of 2023, subject to following conditions:-

Patna High Court CR. MISC. No.25102 of 2024(2) dt.27-03-2024 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) alok/- U T