Manu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80652 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- BHELDI District- Saran ====================================================== Manu Rai S/o Raju Rai @ Raju Kumar R/v-Chhota Telpa,P.S-Chapra Town,Distt.-Saran at Chhapra.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bheldi P.S. Case No. 81 of 2018 registered for the offence punishable under Sections 392 of the Indian Penal Code.

Informant in his written complaint has alleged that while he was riding his motorcycle two motorcycle borne miscreants intercepted him and when he tried to flee away two more motorcycle borne miscreants came there and thereafter looted his motorcycle and other papers.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.80652 of 2018(3) dt.26-02-2019 2/3 he is not named in the FIR and FIR is against four unknown. Nothing has been recovered from the possession of the petitioner and he has been implicated in this case only on the basis of suspicion and confessional statement of one Mannu Giri Except said confessional statement there is no any other incriminating material against the petitioner. Petitioner is in custody since 26.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-12, Chapra at Saran, in connection with Bheldi P.S. Case No. 81 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court

Patna High Court CR. MISC. No.80652 of 2018(3) dt.26-02-2019 3/3 below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U