Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33150 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- NAGAR District- Vaishali ====================================================== MANISH KUMAR SON OF PRAMOD RAY RESIDENT OF VILLAGEDIWANTOK, P.S.- GANGABRIDGE, DISTRICT- VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in a case registered for the offence under Sections 420, 413, 414/34 of the Indian Penal Code.

The case relates to recovery of one stolen motorcycle from the possession of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that in fact, nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.33150 of 2022(2) dt.02-09-2022 2/3 concern at all with the alleged recovery. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner, who is an student, is rotting in judicial custody since 22.03.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Hajipur Town P.S. Case No. 244 of 2022 with the following conditions:-

(1) 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 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.33150 of 2022(2) dt.02-09-2022 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T