Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29752 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== Manish Kumar (Male), aged about 25 years, Son of Late Uma Shankar Jha, Resident of Village - Patahi (Harikesh), P.S. - Sadar, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Karja P.S. Case No. 199 of 2018 (Sessions Trial No. 134 of 2019) registered under Sections 363, 364 and added Sections 302, 120(B), 201 of the Indian Penal Code and Section 27 of the Arms Act.
Informant is the father of deceased who in his written complaint has alleged that his on Jaya Prakash Narayan received a call from Mobile No. 7361907855 at 8:30 am and went on his motorcycle to finalize some land deal, subsequently he informant his wife that he was going to Patna and thereafter informed that he will be reaching his shop at 10:30 am. He called his brother to send cheque book and seal on which he
Patna High Court CR. MISC. No.29752 of 2019(3) dt.05-07-2019 2/3 issued 4 cheques, 2 in the name of informant and 2 in the name of his staff amounting to Rs. 50 Lacs and 50 lacs but in his account there was only Rs. 44,000/- and on being contacted on mobile asked to talk to his partner Bablu Bhaiya. He did not return and FIR was filed and after 29 days his dead body was recovered. FIR is against unknown.
Paragraph-164 is statement of Manish Kumar under Section 164 Cr.P.C. before Magistrate in which he has admitted that he received the cheque from the employee of Jai Prakash Narayn and hand over the cheque and key of motorcycle to his sister. Paragraph-183 is report of T.I.P. in which witness Sanjay Rai has identified the Manish Kumar. There is no specific allegation against the petitioner and other co-accused in this case has been granted bail by a Co-ordinate Bench of this Court. In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Muzaffarpur in connection with Karja P.S. Case No. 199 of 2018 (Sessions Trial No. 134 of 2019), subject to the following conditions :
(1) On of the bailors would be close relative of the
Patna High Court CR. MISC. No.29752 of 2019(3) dt.05-07-2019 3/3 petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.
(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Anjani Kumar Sharan, J) Nasimul/- U T