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Patna High CourtCR. MISC./32690/2023bail granted

Bablu Manjhi @ Bablu Kumar v. The State Of Bihar

2023-07-07Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32690 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- DERNI BAZAR District- Saran ====================================================== Bablu Manjhi @ Bablu Kumar Son of Dashrath Paswan Resident of villageDighi (Chirand), P.S.-Doriganj, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 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 Derni P.S. Case No. 147 of 2022 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 20.09.2022.

The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away motor-cycle and mobile belongs to

Patna High Court CR. MISC. No.32690 of 2023(2) dt.07-07-2023 2/3 informant.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is remanded in present case only on the basis of self-confession from Derni P.S. Case No. 150 of 2022, where in furtherance of no incriminating material recovered/surfaced during the course of investigation so as to implicate petitioner with present case. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has been 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, as save and except self confession, no incriminating material recovered from the possession of this petitioner during the course of investigation to connect him with present occurrence of robbery coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 20.09.2022, accordingly, above named petitioner is directed to be released on bail in connection with Derni P.S. Case No. 147 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.32690 of 2023(2) dt.07-07-2023 3/3 Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran, Chapra/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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