Manoj Sahni @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50443 of 2021 Arising Out of PS. Case No.-280 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Manoj Sahni @ Manoj Kumar S/o Saukhi Sahani R/o village- Bahilwara Gobind (Lakshmipur), P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Saraiya P.S. Case No. 280/2020 registered for the offences punishable under Section 392 of the Indian Penal Code.

Two unknown miscreants alleged to have looted the pick van of the informant on the point of gun. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. In fact the petitioner has not been named in the FIR and merely on the basis of confessional

Patna High Court CR. MISC. No.50443 of 2021(2) dt.22-12-2021 2/3 statement of the co-accused, namely Pramod Sahni, he has been made accused in this case who is said to have been granted bail by the learned Sessions Judge, vide B.P. No. 1486/2020. He has further submitted that co-accused namely Arun Kumar @ Arun Kumar Sahni has been granted bail by this Hon'ble Court vide order dated 10.12.2021 passed in Cr. Misc. No. 45418/2021. The petitioner is in custody since 21.01.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate4th, West Muzaffarpur in connection with Saraiya P.S. Case No. 280/2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.50443 of 2021(2) dt.22-12-2021 3/3

2. If the petitioner, tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) siddharthkr/- U T