Patna High CourtCR. MISC./34871/2022bail granted

Manish Singh @ Manish Kumar v. The State Of Bihar

2022-09-13Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34871 of 2022 Arising Out of PS. Case No.-126 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== MANISH SINGH @ MANISH KUMAR SON OF MANOJ SINGH @ MANOJ PRASAD SINGH Resident of village- Ramchua, P.S Shambhuganj, District Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra,Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2022 Heard Mr. Ashok Kumar Mishra learned counsel for the petitioner and learned counsel for the State. Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Kotwali P.S. Case No. 126 of 2019 for the offences under Section 379 of the Indian Penal Code and later on Section 411 I.P.C. was also added.

The FIR has been registered relating to recovery of stolen motorcycle and it is alleged that the petitioner and one Prashant Singh@ Prashant Kumar was riding on it. Learned counsel for the petitioner submits that they had borrowed the motorcycle from friend and were on way

Patna High Court CR. MISC. No.34871 of 2022(2) dt.13-09-2022 2/3 when the police intercepted them and arrested. Further submission is that he did not realize that the same is stolen motorcycle for which he has already suffered by being in custody since 24.02.2022.

Taking into account the aforesaid facts that he is in custody since 24.02.2022, charge sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Bhagalpur in connection with Kotwali P.S. Case No.126 of 2019, subject to the following conditions. (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

Patna High Court CR. MISC. No.34871 of 2022(2) dt.13-09-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Neha/- U T