Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29291 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- DESARI District- Vaishali ====================================================== MANJIT KUMAR Son of Umesh Ray @ Umesh Kumar Ray Resident of village - Rampur, P.S.- Raghopur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 09.01.2023, in connection with Desari P.S. Case No. 379 of 2022, F.I.R. dated 09.09.2022 registered for the offences punishable under Sections 397 and 307 of the Indian Penal Code. The F.I.R. of the occurrence of loot is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of coaccused persons namely Rahul Kumar. He further submits that

Patna High Court CR. MISC. No.29291 of 2023(3) dt.24-07-2023 2/3 except the confessional statement of co-accused, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrene. He further submits that nothing has been recovered from the possession or the house of the petitioner and till date no test identification parade was conducted by the prosecution and the looted articles in question was recovered from co-accused person. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.01.2023.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three cases other than the present one but fairly submits from paragraph-3 of the petition that out of three cases, petitioner is on bail in two cases. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Vaishali at Hajipur in connection with Desari P.S. Case No. 379 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.29291 of 2023(3) dt.24-07-2023 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T