Manoj Kumar @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31036 of 2023 Arising Out of PS. Case No.-841 Year-2021 Thana- NAGAR District- Vaishali ====================================================== MANOJ KUMAR @ MANOJ SINGH s/o Late Krishna Rai Resident of village Dighi Naya Tola P.S. Sadar Hajipur District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra Jha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, Advocate For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Vaishali Nagar P.S. Case No. 841 of 2021 registered for the offence under Sections 363, 365 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 01.02.2023.

The allegation against this petitioner is to abduct the nephew of informant alongwith other unknown co-accused persons.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.31036 of 2023(2) dt.06-07-2023 2/3 submitted that the petitioner was loving and caring the father of victim boy much earlier to this occurrence and out of said caring, love and affection the father of victim boy gifted his house to this petitioner much before this occurrence on 21.12.2020. It is submitted that the victim boy was differently abled with mental challenge and he went on his own for unknown/undisclosed destination and taking advantage of this fact, the uncle of victim lodged this case against this petitioner to grab the house, which was already gifted by the father of the victim to this petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the fact as victim appears differently abled with mental challenge, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 01.02.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Vaishali Nagar P.S. Case No. 841 of 2021 on furnishing bail

Patna High Court CR. MISC. No.31036 of 2023(2) dt.06-07-2023 3/3 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T