Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38592 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- SARE District- Nalanda ====================================================== Manish Kumar, Son of Niranjan Yadav @ Niru Yadav, Resident of VillageJanpura, P.S.- Aasthawn, Distt-Nalanda. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranvijay Singh, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.
The accused/petitioner seeks bail in connection with Sare P.S. Case No.8 of 2023 registered for the offences punishable under Sections 379, 411, 420, 467, 468 and 471 of the Indian Penal Code.
3.
The accused/petitioner is named in the FIR and is in custody since 15.01.2023.
4.
Allegation against the petitioner is to have in possession of stolen motorcycle, where he failed to produce documents showing his ownership on demand of informant, who is a police personnel.
5.
It is submitted by learned counsel that alleged stolen motorcycle not appears to be recovered from conscious
Patna High Court CR. MISC. No.38592 of 2023(2) dt.19-07-2023 2/3 physical possession of this petitioner and he was named with present case mainly on the basis of suspicion and also on the confessional statement of co-accused, namely, Vikash Kumar, who named this petitioner through his confessional statement while apprehended with Sare P.S. Case No.7 of 2023. It is further submitted that the seizure list witness is not independent and the same is local choukidars. While concluding argument, it is submitted that the petitioner found involved in two more criminal cases, where he is on bail and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6.
Learned APP opposes the prayer for grant of bail to the petitioner.
7.
In view of above-mentioned facts and circumstances and by taking note of nature of allegation, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 15.01.2023, accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in
Patna High Court CR. MISC. No.38592 of 2023(2) dt.19-07-2023 3/3 connection with Sare P.S. Case No.8 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T