Mani Bhushan @ Manav Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33382 of 2020 Arising Out of PS. Case No.-336 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Mani Bhushan @ Manav Chaubey, Son of Sri Ganesh Chaubey resident of village- Mahamada Chaubey Tola, P.s.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udbhav For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2020 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Ram Sewak Choudhary, learned APP for the State.

The petitioner seeks bail in connection with Dumra P. S. Case No. 336 of 2018 dated 28.08.2018, instituted for the offences under Sections 302, 120(B), 307 and 34 of the Indian Penal Code; Section 27 of the Arms Act, 1959; and Section 17 of the Criminal Law Amendment Act.

The petitioner has not been named in the F.I.R. and no specific material could be collected against him during the course of investigation. However, in Mehsi P.

Patna High Court CR. MISC. No.33382 of 2020(2) dt.14-12-2020 2/3 S. Case No. 419 of 2018, which was registered for offences under Sections 399, 402 and 414 of the Indian Penal Code; Sections 25(1-b)a, 26 and 35 of the Arms Act, 1959; and Sections 4, 5 and 6 of the Explosive Substances Act, 1908, one person by the name of Sujit Kumar was arrested who has confessed about his guilt and the complicity of the petitioner in this case also. Considering the afore-noted confession of a coaccused, the petitioner was remanded in this case on 18.11.2019.

Apart from the confession, referred to above, the learned counsel for the petitioner submits that there is no other material to connect the petitioner with the offence which has been charged in the present case. The other cases in which the petitioner was earlier made accused and about which reference has been made in paragraph 3 of the bail petition, he has been granted bail in all such cases.

Considering the period of custody of the

Patna High Court CR. MISC. No.33382 of 2020(2) dt.14-12-2020 3/3 petitioner and the nature of accusation, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sitamarhi, in connection with Dumra P. S. Case No. 336 of 2018.

The petition stands allowed.

However, it is directed that the petitioner shall participate in the trial proceedings and shall not absent himself without taking permission from the trial court. Should he do so, his bail would be rendered liable to be cancelled.

(Ashutosh Kumar, J) skm/- U T