Manoj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.10521 of 2016 (3) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10521 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -ARIYARI District- SEKHPURA ======================================================

1. Manoj Kumar son of Amirak Choudhary, resident of village- Aruora, P.S.- Ariyari, District- Sheikhpura.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Mustaque Alam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Ariyari P.S. Case No. 01 of 2016 registered for the offences punishable under Sections 341, 324, 325, 307, 394/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is not named in the first information report and name of the petitioner transpires during investigation that mobile which was left at the place of occurrence by the accused persons was used by the petitioner and further the informant has also doubted the conduct and character of the petitioner.

Submission is of false implication and that besides suspicion there is nothing against the petitioner, there is no legal and tangible material, the petitioner is suffering in custody since

Patna High Court Cr.Misc. No.10521 of 2016 (3) dt.18-04-2016 17.01.2016 but he has not been put on test identification parade and he has got clean antecedent and co-accused Pravin Kumar @ Lallua has been allowed bail by another co-ordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration to which learned APP fairly submits that co-accused has been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sheikhpura in connection with Ariyari P.S. Case No. 01 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T