← Library
Patna High CourtCR. MISC./36375/2023allowed

Manish Kumar v. The State Of Bihar

2023-07-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36375 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- PIPRA District- Supaul ====================================================== MANISH KUMAR SON OF SADANAND RAM RESIDENT OF VILLAGE SATANPATTI WARD NO 07 POLICE STATION RAGHOPUR DISTRCTSUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is an accused in connection with Pipra P.S. Case No. 259 of 2022 registered for the offences under sections 379 of the Indian Penal Code lodged on 30.08.2022 by the informant, Surendra Prasad Gupta.

As per the prosecution story, the informant alleged that he has parked his motorcycle in front of his house which later went missing. Accordingly, the FIR.

In course of investigation, police seized a motorcycle from the road side in front of the house of Yashin Mian and also recovered some fire arms from the accused persons. Further in the confessional statement, the name of this

Patna High Court CR. MISC. No.36375 of 2023(2) dt.19-07-2023 2/3 petitioner cropped up.

Considering the kind of allegation that has come against the petitioner and is in custody since 16.09.2022 (as stated in paragraph 9 of the bail application), this Court is inclined to extend him the 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 the learned A.C.J.M.-VI, Supaul in connection with Pipra P.S. Case No. 259 of 2022, 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 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 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.36375 of 2023(2) dt.19-07-2023 3/3 cancellation of his 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. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Neha/- U T