Patna High CourtCR. MISC./33047/2016bail granted

Manoj Kumar v. The State Of Bihar

2016-08-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33047 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Manoj Kumar Son of late Brij Nandan Sharma Resident of VillageGhanshurpur, Police Station Salimpur District Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Santosh Kumar Sinha -2, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.03.2016 in connection with Barauni (Chakia) P.S. Case No. 28 of 2016 for the alleged offences under Sections 364(A) and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the FIR. The name of the petitioner was surfaced on the confessional statement of the coaccused Manish Kumar. The victim boy has also not named the petitioner in his statement recorded under Section 164 Cr. P.C. The petitioner has been granted bail in the connected Barauni P.S. Case No. 30 of 2016 separately instituted under the Arms Act.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.33047 of 2016 (2) dt.20-08-2016 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni (Chakia) P.S. Case No. 28 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/Ibrar U T