Manikant Singh @ Manikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40317 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- ARARIA District- Araria ====================================================== MANIKANT SINGH @ MANIKANT KUMAR, Male, aged about 34 years, Son of Rajendra Prasad Singh, Resident of Village-Dewaria Ward No.2, P.S. and District-Araria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gopal Kumar Jha, Advocate.

For the Opposite Party :

Mr.Ahtasham Ali Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 21.02.2019 in a case for the offence registered under Sections 379and 414/34 of the IPC.

The prosecution story, in brief, is that on 20.02.2019, when the informant awoke up at about 6.00 A.M. in the morning, he found his Bullet Motorcycle bearing its Registration No. BR 38Q/7569 missing from his Garage. Thereafter, the informant informed the Surpanch and during course of search of his vehicle, the Villagers disclosed a fact to the informant that at about 11.00 P.M. to 12.00 P.M. accused persons Manikant Singh (petitioner) and the co-accused persons

Patna High Court CR. MISC. No.40317 of 2019(2) dt.03-07-2019 2/3 namely Md. Abules and Md. Lalu were seen near at Zila School Chowk and when the informant and Villagers started searching these persons, they came to know that Manikant is present at the house of his sister situated near at Araria Bus Stand. Thereafter, the informant alongwith Sarpanch, Mukhiya and villagers reached there and found his Motorcycle kept there covered with clothes and Manikant was caught with his stolen Motorcycle. On being asked the petitioner Manikant disclosed a fact before them that Md. Abulesh and Md. Lalu committed theft of Motorcycle of the informant to sell it.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Both parties are resident of same village. Due to previous enmity the petitioner has been made accused in the present case. It is further submitted that the petitioner may be released after completion of six months in custody. 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

Patna High Court CR. MISC. No.40317 of 2019(2) dt.03-07-2019 3/3 the petitioner above named, be released on bail after completion of six months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, in connection with Araria P.S. Case No. 129 of 2019 (G.R. No. 615 of 2019). (Sudhir Singh, J) U.K./- U T