Manish @ Manish Kumar @ Nitish Kumar Varnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35370 of 2016 Arising Out of PS.Case No. -99 Year- 2009 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Manish @ Manish Kumar @ Nitish Kumar Varnwal, son of Madhu Kant Prasad, resident of village Jhanjharpur Bazar, P.S. Jhanjharpur, District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code. Allegation is that the accused persons including the petitioner and 50-60 unknown dacoits entered into the premises of the police station and looted away several arms and ammunitions belonging to the government and also looted away valuable articles, cash, ornaments, jewellary and caused injury to the inmates of the house.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.6.2016 and charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. General

Patna High Court Cr.Misc. No.35370 of 2016 (3) dt.21-10-2016 2/2 and omnibus allegation has been made. No specific injury has been attributed against the petitioner. It is further submitted that the petitioner may be released after completion of six months in custody from 28.6.2016.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of six months in custody from 28.6.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, District Madhubani in connection with Jhanjharpur P.S. case No.99 of 2009 (G.R. No.1089 of 2009). (Sudhir Singh, J) Narendra/- U T