Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48420 of 2021 Arising Out of PS. Case No.-721 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== MANISH KUMAR Son of Sakendra Prasad Kushwaha Resident of Village - Rajapur, Ahirauliya, P.S.- Kotwa, Dist.- East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vatsal Verma, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard Mr. Vatsal Verma, learned counsel for the petitioner and Mr. Satyendra Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Bettiah Muffasil (Banuchapar) O.P. P.S. Case No. 721/2020 registered for the offences punishable under Sections 395, 397 and 412 of the Indian Penal Code 1860.
The allegation, as per the First Information Report, is that four unknown miscreants looted the tractor and money from the informant on the gun point.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has been made accused in this case on the basis of confessional statement of coaccused Sahnaj Mian who has been granted bail by a co-
Patna High Court CR. MISC. No.48420 of 2021(2) dt.11-03-2022 2/3 ordinate Bench of this Court in Cr. Misc. 23788 of 2021. Learned counsel further submits that the petitioner was a bona fide purchaser of the tractor in question and one Angad Kumar approached the petitioner for sale of the said tractor saying that the owner of the tractor is one Vijay Mahto and on the representation of the said Angad Kumar, the petitioner has purchased the tractor on payment of Rs.1,00,000/-. He next submits that owner book of the tractor standing in the name of Vijay Mahto is enclosed at Annexure-2 to this petition whereas the informant is one Lal Babu Alam. The petitioner is in custody since 8.4.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 8.4.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/-
Patna High Court CR. MISC. No.48420 of 2021(2) dt.11-03-2022 3/3 (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bettiah Muffasil (Banuchapar) O.P P.S. Case No. 721 of 2020.
(Anil Kumar Sinha, J) S.Ali/- U T