Dipanshu Kumar @ Dipanshu Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40748 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- JALALPUR District- Saran ====================================================== Dipanshu Kumar @ Dipanshu Kumar Manjhi S/O Awadh Kishore Manjhi R/O Village- Noornagar, Ps. Jalalpur, Dist. Saran At Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Jalalpur P.S. Case No. 59 of 2023 registered for the offence punishable under Section 379 of the Indian Penal Code.

As per prosecution case, the informant parked his Motorcycle bearing Reg. No. BR4G3238 at his door and went inside his house and on the next morning, did not find his motorcycle. He believed it was stolen by unknown thieves. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence. Petitioner is not named in the FIR, and was arrested on suspicion and except confessional statement no incriminating article has been recovered from his possession. Petitioner is

Patna High Court CR. MISC. No.40748 of 2023(2) dt.14-07-2023 2/2 languishing in jail custody since 25.03.2023. Similarly situated co-accused Manoj Rai has been granted regular bail by a coordinate Bench of this Court in Cr. Misc. No. 36150 of 2023 vide order dated 05.07.2023.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIIIth, in connection with Jalalpur P.S. Case No. 59 of 2023, subject to the following conditions:- (i) The petitioner will remain present on each and every date fixed by the learned Court below.

(ii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) shweta/- U