Manjit Kumar @ Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30867 of 2021 Arising Out of PS. Case No.-383 Year-2019 Thana- PIPRA District- East Champaran ====================================================== MANJIT KUMAR @ PANDIT S/o Anand Bihari Pathak Resident of Chintamanpur, P.S.- Papara, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Pipra P.S. Case No. 383 of 2019 corresponding to G.R. No. 8332 of 2019 registered for the offences punishable under Section 392 of the I.P.C.

According to prosecution case, the informant was an employee of Policab India Ltd. and on 05.11.2019 at about 7:00 PM., the informant after discharging his official duty was returning to his house. Meanwhile, five miscreants on two motorcycles overtook him and gave knife blow on his back. Thereafter, they snatched informant's motorcycle and bag and

Patna High Court CR. MISC. No.30867 of 2021(2) dt.25-11-2021 2/3 fled away.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Learned counsel further submits that no such occurrence as alleged in the FIR has ever taken place. Learned counsel further submits that not a single independent witness has supported the prosecution story. On the basis of confessional statement of co-accused, name of the petitioner has been transpired in this case. Petitioner is in custody since 28.12.2020. Petitioner carries one criminal antecedent.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let 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 the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra P.S. Case No. 383 of 2019 corresponding to G.R. No. 8332 of 2019, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.30867 of 2021(2) dt.25-11-2021 3/3 shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T