Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53590 of 2016 Arising Out of PS.Case No. -186 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Manish Kumar, Son of Mukersh Kunwar @ Mukesh Singh, Resident of Village- Maniyappa, P.s.-Matihani, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bhagwanpur (Teyap O.P.) P.S.Case No. 186 of 2016 registered for the offences punishable under Sections 379 and 411/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and only allegation is that he was standing with his own motor cycle and on being asked he disclosed the name of other accused persons, who fled away from there and the petitioner has remained in custody for five months.

Heard learned APP also.

Having heard both sides and considering the fact that there is no recovery and the petitioner remained in custody for five months, let the petitioner, above named, be released on bail on

Patna High Court Cr.Misc. No.53590 of 2016 (3) dt.03-02-2017 2/2 furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Bhagwanpur (Teyap O.P.) P.S.Case No. 186 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail and (iv) If the petitioner is indulged in such type of cases in future, his bail bond shall be liable to be cancelled. (Vinod Kumar Sinha, J) spal/- U