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Patna High CourtCR. MISC./24725/2023allowed

Manish Kumar @ Manish Singh @ Manish Rai @ Nanki v. The State Of Bihar

2023-05-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24725 of 2023 Arising Out of PS. Case No.-386 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Manish Kumar @ Manish Singh @ Manish Rai @ Nanki S/o Jitendra Rai @ Jitendra Ray @ Jitendra Singh R/o village-Nanhak Chak, P.S-Bidupur, District-Vaishali ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the IPC later on submitted charge sheet u/s 392 of the Indian Penal Code As per FIR, when the informant was returning after cash collection, in the meantime, two unknown miscreants boarded on a motorcycle came and snatched his bag containing total Cash of Rs. 28,749/- mobile and other articles after snatching they fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.24725 of 2023(2) dt.22-05-2023 2/2 confessional statement of co-accused, namely, Sushil Kumar. Neither the petitioner is named in the FIR nor he was put on TIP and nothing looted article has been recovered from his conscious possession. It is further submitted that FIR has been lodged after delay of ten days without given any cogent reason. Moreover, the petitioner is languishing in judicial custody since 04.02.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bidupur P.S. Case No. 386 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Manishkumar/- U T