Manoj Kumar @ Manoj Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38333 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Manoj Kumar @ Manoj Prajapati Son of Late Naresh Prajapati Resident of Vara Matihani, P.S.- Magadh University, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rampur P.S. Case No. 514 of 2023, lodged on 13.08.2023 under Sections 457/380 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against unknown accused persons for commission of theft.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Neither any incriminating article has been recovered from the possession of the petitioner. The name of the petitioner has figured in the present case at the instance of the police only due to the reason that there are seven more cases pending against the petitioner. Counsel further submits that other co-accused person

Patna High Court CR. MISC. No.38333 of 2024(2) dt.30-05-2024 2/3 has been granted bail vide order dated 20.02.2024 passed in Cr. Misc. No. 9012 of 2024 by this Court. The petitioner is in custody since 30.09.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and this aspect may be taken into consideration while considering the bail application of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C, Gaya in connection with Rampur P.S. Case No. 514 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)-Rampur P.S. Case No. 78 of 2011.

(II)-Rampur P.S. Case No. 525 of 2023.

Patna High Court CR. MISC. No.38333 of 2024(2) dt.30-05-2024 3/3 (III)-Rampur P.S. Case No. 480 of 2023.

(IV)-Bodh Gaya P.S. Case No. 131 of 2013.

(V)-Rampur P.S. Case No. 525 of 2023.

(VI)-Tekari P.S. Case No. 510 of 2017.

(VII)-Alinagar P.S. Case No. 10 of 2020.

(VIII)-Sherghati P.S. Case No. 575 of 2018.

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