Patna High CourtCR. MISC./29190/2023bail granted

Dipak Manghi v. The State Of Bihar

2023-06-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29190 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- ISUAPUR District- Saran ====================================================== Dipak Manghi Son of Late Lal Babu Manghi, Resident of Village-Sahawa, Police Station- Isuapur, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect, if any, be removed within two weeks from today.

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

3. The petitioner seeks regular bail in connection with Isuapur P.S. Case No. 114 of 2022 dated 06.06.2022 lodged under Sections 413 and 414 of the I.P.C.

4. As per the prosecution, the F.I.R. has been lodged against five named accused persons that they all used to sell theft motorcycles in-connivance with each other.

5. Learned counsel for the petitioner submits that as per the F.I.R. nothing was recovered from his possession. He further submits that the name of the petitioner has come only by virtue of confessional statement of co-accused that he is

Patna High Court CR. MISC. No.29190 of 2023(2) dt.07-06-2023 2/3 involved in selling the theft motorcycle. Counsel further submits that petitioner is in custody since 27.06.2022 and there are three criminal cases pending against him which are of different nature.

6. Learned counsel for the State opposes the prayer for bail.

7. 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, Saran at Chapra in connection with Isuapur P.S. Case No. 114 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 his bail bond.

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

Patna High Court CR. MISC. No.29190 of 2023(2) dt.07-06-2023 3/3 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.

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