Manish Kumar @ Nanaki @ Nanhki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33169 of 2024 Arising Out of PS. Case No.-261 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== MANISH KUMAR @ NANAKI @ NANHKI SON OF JITENDRA RAY RESIDENT OF VILLAGE - DILAWARPUR GOVARDHAN NANHAK CHAK, P.S. - BIDUPUR, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey.App.84 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Saran Town P.S. Case No.216 of 2021 registered for the offence under Section 392 of the Indian Penal Code.

3.

Allegation against the petitioner is to have taken away about 238 grams gold, cash of Rs. 24,000/- and Rs. 5,00,000/- foreign currency from the almirah of the informant along with other accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, the petitioner is not named in the FIR. It is submitted that nothing has been

Patna High Court CR. MISC. No.33169 of 2024(2) dt.20-05-2024 2/3 recovered from the possession of the petitioner and no TIP has been conducted. It is submitted that similarly situated coaccused person has already been granted bail by this Court through Cr. Misc. No.74630 of 2023 on 13.03.2024. It is further submitted that petitioner is in custody since 29.11.2021. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Saran Town P.S. Case No.216 of 2021 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District Judge, Saran at Chapra.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.33169 of 2024(2) dt.20-05-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T