Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36150 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- JALALPUR District- Saran ====================================================== MANOJ RAI Son of Late Wakil Rai Resident of village - Bishunpura, P.S. - Jalalpur, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in judicial custody in connection with Jalalpur P.S. Case No.59 of 2023 instituted under Section 379, 411 of the IPC lodged on 15.03.2023 by the informant Noor Alam Ansari.

As per the FIR, the informant parked his blue black colour red Hero Honda Motorcycle bearing Reg. No. BR4G 3238 at his door and went in his house and on the next morning, did not find his motorcycle. He believed it was stolen by unknown thieves. Accordingly, the FIR.

It has been contended by learned counsel for the petitioner that he is not named in the FIR, name came in the confessional statement and despite being in custody nothing incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.36150 of 2023(2) dt.05-07-2023 2/3 Learned APP opposes the prayer stating that he has criminal antecedent.

Taking into account the fact that despite being in custody no incriminating materials have been recovered from his possession and is custody since 25.03.2023 (as stated in para-12 of the petition), 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/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Jalalpur P.S. Case No.59 of 2023 to the satisfaction of learned ACJM, XIII, Saran at Chapra, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.36150 of 2023(2) dt.05-07-2023 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T