Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39008 of 2021 Arising Out of PS. Case No.-242 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Manish Kumar Son of Mr. Munna Prasad Resident of Mohalla - Kalhua Paigam Barpur, P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2021 This matter is taken up for consideration through Video Conferencing.
Heard both parties.
The petitioner seeks bail in Sadar P.S. Case No. 242 of 2019, registered for the offence punishable under Sections 400, 401 and 216 of the Indian Penal Code and sections 25 (1-b)a, 26, 35, 27(II) of the Arms Act.
On secret information that Ashish Kumar Singh who was accused in loot case of Muthoot Finance a raid was conducted. Ashish Kumar Singh @ Ashiqui and Prabhat Kumar Chaudhary were arrested from whose possession arms and ammunitions were recovered. One laptop, Passbook of IDBI bank, passport and two cheuqes of Rs. 1 lakh each signed by
Patna High Court CR. MISC. No.39008 of 2021(2) dt.01-10-2021 2/3 one Manish Kumar were also recovered. The apprehended miscreants disclosed that Manish Kumar (petitioner) was involved in loot case of Muthoot Finance and he gave share of Rs. 2 lakhs through cheque by selling the looted gold in the shop of his maternal uncle.
It is submitted on behalf of the petitioner that neither looted article has not been recovered from conscious possession of this petitioner nor arms and ammunition were recovered. Only material that has come against this petitioner is that two cheques each of Rs. 1 lakh was signed by this petitioner were recovered and they are alleged to be given by this petitioner to the apprehended accused persons. Petitioner is in custody since 24.03.2021. Investigation is complete.
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, Muzaffarpur in connection with Sadar P.S. Case No. 242 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.39008 of 2021(2) dt.01-10-2021 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