Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27503 of 2023 Arising Out of PS. Case No.-800 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Manish Kumar Son of Sushil Sahni R/V- Adarsh Gram Road No. 3, PSAhiyapur Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.R. No.4372 of 2022 arising out of Kanti P.S. Case No. 800 of 2022 dated 21.11.2022 lodged under Sections 393 /307 of the I.P.C. read with Section 27 of the Arms Act.

As per the prosecution case, the F.I.R. has been lodged against 3 unknown accused persons who have tried to snatch the vehicle of the informant on which the accused persons have fired on the informant.

Learned counsel for the petitioner submits that the name of petitioner is figured in this case by virtue of

Patna High Court CR. MISC. No.27503 of 2023(2) dt.06-06-2023 2/3 confessional statement of co-accused. He submits that the petitioner was not put on T.I.P.

Counsel further submits that there are 3 criminal cases pending against the petitioner and he is in custody since 23.12.2022. Counsel submits that charge has already been framed in this case.

Learned counsel for the State opposes the prayer for bail and submits that charge has already been framed in this case.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with G.R. No.4372 of 2022 arising out of Kanti P.S. Case No. 800 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.27503 of 2023(2) dt.06-06-2023 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

In case, it has been found that charge has not been framed in this case, the trial Court is at liberty not to accept the bail bond of the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T