Manjay Kumar Nat @ Manjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28427 of 2020 Arising Out of PS. Case No.-794 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== MANJAY KUMAR NAT @ MANJAY KUMAR Son of Kanha Ram Resident of Village - Diwanpur, P.S.- Pathargaon, District - Jaspur (Chhattisgarh) ... ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sanjay Kumar Tiwary, Advocate For the Opposite Party :
Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
At the outset, learned counsel for the petitioner seeks permission to correct para 11 of the petition wherein period of custody by mistake written as 04.09.2020, it should be 04.09.2019. Permission is granted. It may be read as 04.09.2019.
Heard both parties.
The petitioner seeks bail in Sasaram (T) P.S. Case No. 794 of 2019, registered for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act. On secret information, raid was conducted and three persons were found in suspicious condition on motorcycle and
Patna High Court CR. MISC. No.28427 of 2020(2) dt.10-11-2020 2/3 they were apprehended. On search, one mobile phone and two currency notes worth Rs. 520/-of purse were recovered from possession of the petitioner.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. This petitioner was apprehended in this case, thereafter he has been remanded in three other cases which has been stated in para 3 of the petition. Charge sheet has already been submitted. Other co-accused have been granted bail vide orders dated 05.06.2020, 31.01.2020 passed in Cr. Misc. No. 16053 of 2020 and Cr. Misc. No. 5396 of 2020 respectively. Petitioner is in custody since 04.09.2019.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 794 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the
Patna High Court CR. MISC. No.28427 of 2020(2) dt.10-11-2020 3/3 Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T