Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41666 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -DHANGAI District- BHOJPUR ====================================================== Manish Singh, S/o Guttur Singh @ Mahanth Singh, resident of VillageGarhath, P.S.- Brahmpur, District- Buxar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party : Mr. Sri Binod Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Dhangai P.S Case No. 36 of 2016 registered for the offences punishable under Section 395 of the Indian Penal Code.

The First Information Report is against five unknown miscreants. During investigation, the name of the petitioner transpired in the confessional statement of co-accused Bhim Singh and Rohit Yadav.

Submission is of false implication and that the petitioner has not been put on T.I.P., he is in custody since 30.07.2016, no witness has identified the petitioner, nothing has been recovered from conscious possession of the petitioner, similarly situated co-accused Jitendra Singh has been allowed bail

Patna High Court Cr.Misc. No.41666 of 2016 (3) dt.25-10-2016 2/2 vide Cri. Misc. No 44567 of 2016 by another co-ordinate Bench of this Court and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P.

fairly submits that besides confessional statement there is no other cogent material against the petitioner and other co-accused Jitendra Singh has been allowed bail.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Dhangai P.S. Case No. 36 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T