Manoj Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33592 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== MANOJ BIND Son of Magho Bind @ Magho Singh Residence of Village - Mohanpur (Beldari Tola), P.S.- Laxmipur, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. Prosecution allegation, in short, is that the accused persons looted the informant and his friends on gun point and also took motorcycle of the informant.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.33592 of 2020(2) dt.15-12-2020 2/2 petitioner is in custody since 13.6.2020 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The petitioner has not been put on T.I.P. to ascertain his participation in the present case. There is recovery of one mobile phone along with motorcycle. The petitioner had no knowledge that the mobile phone and motorcycle are stolen property. Except for this, there is no other substantive evidence to suggest his implication in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -IV, Munger in connection with Kharagpur P.S. Case No. 24/2020 (G.R. No. 178/20).

(Sudhir Singh, J) Pankaj/- U T