Manoj Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33507 of 2022 Arising Out of PS. Case No.-448 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== Manoj Kumar Dubey Son Of Bharat Dubey R/O Village- Nepura Ward No.-4, P.S.- Darauli, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Yogapatti (Shanichary) P.S. Case No. 448 of 2021 lodged under Section 379 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged about theft of a Bolero vehicle against unknown accused persons.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that nothing incriminating was recovered from his possession. He also submits that he was not put on T.I.P. He

Patna High Court CR. MISC. No.33507 of 2022(2) dt.04-11-2022 2/3 further submits that his name has figured in this case only and only due to the reason that he has 6 criminal antecedents. He further submits that in the present case he has been remanded. About his criminal antecedents, he submits that he is on bail in all cases.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. West Champaran, Bettiah in connection with Yogapatti (Shanichary) P.S. Case No. 448 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.33507 of 2022(2) dt.04-11-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T