Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 21663 of 2020 Arising Out of PS. Case No.-228 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MANOJ KUMAR Son of Sri Ram Janama Ram Resident of VillageSahbajpur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Mirtunjay Kumar Mishra, Advocate For the Opposite Party/s :

Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 28-08-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Muzaffarpur Town Police Station (for brevity, PS) Case No 228 of 2019 dated 13.03.2019 instituted for the offence punishable under Section (s) 387 of Indian Penal Code.

Patna High Court CR. MISC. No.21663 of 2020(3) dt.28-08-2020 2/3 Allegation in the first information report lodged by the office is of intimidation and demand of ransom made from the officer. Petitioner's counsel submits that other than one telephonic talk with one of the co-accused, there is nothing on record to even suggest that the petitioner had any role to play in the offence. Under similar circumstances, the petitioner was also implicated in Muzaffarpur Town PS Case No 31 of 2020. In that case also, there was allegation that he had talk with coaccused on mobile phone. It is submitted that in the said case, the petitioner has been allowed bail by this Court in Cr Misc No 19882 of 2020. Other than suspicion, there is nothing to even suggest petitioner's involvement in the instant case. It is further submitted that the petitioner is in custody in connection with this case since 23.01.2020 and charge sheet has already been submitted.

Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town PS Case No 228 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the

Patna High Court CR. MISC. No.21663 of 2020(3) dt.28-08-2020 3/3 petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T