Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24023 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- CHANDI District- Nalanda ====================================================== MANISH KUMAR Son of Anil Yadav Resident of Village - Kachara, P.S.- Vena, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1 For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Chandi P.S. Case No. 66 of 2019 for offences punishable under Sections 356, 379/34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that while he was on the way in the pick-up van, a motorcycle borne criminal stopped the way and took away Rs. 2,09,000/- which was kept in a bag.

It has been submitted by the learned counsel for the petitioner that he was the driver of the pick-up van and his name surfaced only on suspicion. He submits that he does not know the other co-accused Sonu Kumar who was in the motorcycle and the money has not been recovered from the possession of the petitioner. He submits that no overt act has been committed

Patna High Court CR. MISC. No.24023 of 2019(2) dt.17-04-2019 2/2 by the petitioner, the petitioner is languishing in judicial custody since 25.02.2019 and bears no criminal antecedent. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and that petitioner does not bear any criminal antecedent, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case No. 66 of 2019, subject to the conditions:-

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) devendra/priyanka U T