Manu Kumar @ Munna Kumar @ Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25392 of 2022 Arising Out of PS. Case No.-356 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== Manu Kumar @ Munna Kumar @ Mannu Kumar Son of Ashok Singh Yadav @ Mangaru Yadav Resident of village - Barka Kajhar, P.S.- Sonhan, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Sheosagar P.S. Case No.356 of 2021 instituted under Section 379 of the Indian Penal Code.

The allegation in the FIR is that, the informant was running a tempo through a driver and used to keep it in front of his door on the main lane. On the fateful day, in the morning, he found the same missing. Accordingly, FIR against unknown was lodged.

Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case on the confessional statement of one Prince Kumar, although nothing

Patna High Court CR. MISC. No.25392 of 2022(2) dt.10-08-2022 2/3 has been recovered from his physical possession which he has incorporated in para-9 of the bail application. He submits that he has been implicated in this case only because of his criminal antecedent.

Taking into account the fact that the charge sheet stands submitted and is in custody since 23.12.2021 (as stated in para-15 of the bail application), this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Sheosagar P.S. Case No.356 of 2021 to the satisfaction of learned ACJM, Sasaram, Rohtas, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his

Patna High Court CR. MISC. No.25392 of 2022(2) dt.10-08-2022 3/3 presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T