Patna High CourtCR. MISC./56329/2023disposed

Manish Kumar v. The State Of Bihar

2023-08-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56329 of 2023 Arising Out of PS. Case No.-695 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Manish Kumar Son Of Bhupendra Yadav Resident of village - Gadhiya Panchayat Simraha Belwa, P.S. and District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Madhepura (Ghailadh O.P.) P.S. Case No. 695 of 2021 dated 02.09.2021 lodged under Section 394 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against 2 named accused persons and one unknown person including the petitioner. It has been alleged that the motorcycle which was subject to theft has been found near the door of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that petitioner is in custody since 06.01.2023 having one criminal antecedent in which he is on bail and the

Patna High Court CR. MISC. No.56329 of 2023(2) dt.30-08-2023 2/2 said criminal case is of the year 2017.

5. Counsel further submits that the petitioner has not put on T.I.P. in this case.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

8. Liberty is hereby granted to the petitioner to renew his prayer for bail after framing of charge in this case and the Trial Court is directed to release the petitioner on bail imposing its own condition so that he may not evade his appearance during trial.

9. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T