Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41503 of 2021 Arising Out of PS. Case No.-136 Year-2021 Thana- GORAUL District- Vaishali ====================================================== MANISH KUMAR Son of Sonelal Chaudhari Resident of Village - Boariya, Madhopur Mahodat, P.S.- Sarai, Dist. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Goraul P.S. Case No. 136 of 2021 registered for the alleged offences under Sections 394 and 411 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that two miscreants tried to forcibly snatch the mobile phone of the informant and took away the same and cash of Rs. 3200/- was looted from the informant. When the informant caught hold of one of the miscreants, another fired upon him causing injury in his

Patna High Court CR. MISC. No.41503 of 2021(3) dt.12-07-2022 2/3 abdoman.

Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. The petitioner has named in the FIR and he has not been put to TIP. He has been dragged in this case merely on suspicion. Petitioner is in custody since 26.03.2021 and he has not having any criminal antecedent.

Learned APP for the State opposes the prayer for bail of the petitioner submitting that the looted mobile was recovered from this petitioner and the same is mentioned in paragraph 44 and 45 of the case diary.

Perused the record.

Having regard to the rival submissions and considering the nature of allegation and the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 136 of 2021, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

Patna High Court CR. MISC. No.41503 of 2021(3) dt.12-07-2022 3/3 (ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T