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Patna High CourtCR. MISC./56986/2021bail granted

Abhimanyu @ Mannu Kumar @ Mannu @ Abhimanyu Ram @ Abhimanyu Kumar v. The State Of Bihar

2022-02-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56986 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- SOHSARAI District- Nalanda ====================================================== Abhimanyu @ Mannu Kumar @ Mannu @ Abhimanyu Ram @ Abhimanyu Kumar Son Of Arjun Ram Resident Of Village- Tufanganj, Police StationRahui, District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with S.Tr. No.430 of 2021 arising out of Sohsarai P. S. Case No.28 of 2021, instituted for the offences under Section 392 of the Indian Penal Code and later on, Sections 395 and 412 of the I.P.C. were also added.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.02.2021, charge-sheet has been submitted in the case and has antecedent of seven other cases. The learned counsel for the petitioner submits that the allegation is of committing loot in the house of the informant of jewellery, cash, sword and some documents by four unknown

Patna High Court CR. MISC. No.56986 of 2021(2) dt.23-02-2022 2/3 criminals.

The learned counsel for the petitioner submits that the F.I.R. was lodged against unknown and the name of this petitioner transpired on the information given by the police spy and accordingly, petitioner and other accused persons were arrested and were made to confess about their participation in the crime. The learned counsel submits that confession in police custody has no evidentiary value rather the petitioner has been implicated falsely in this case merely because of his antecedents.

The learned A.P.P. for the State opposes the bail application and submits that petitioner has antecedent of seven cases and in the event, if the bail is granted to him, the petitioner may abscond.

The learned counsel for the petitioner rebutting the submission of the learned A.P.P. for the State and submits that admittedly, the case is against unknown and the manner in which, the petitioner has been implicated, will not stand the scrutiny of trial, but still the petitioner will not abscond and will appear on each and every date in the trial.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and his name

Patna High Court CR. MISC. No.56986 of 2021(2) dt.23-02-2022 3/3 transpired based on his own confessional statement, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIV, Nalanda at Biharsharif in connection with S.Tr. No.430 of 2021 arising out of Sohsarai P. S. Case No.28 of 2021, subject to condition that one of the bailors shall be father of the petitioner namely, Arjun Ram and in the event, if the petitioner, on any of the date, does not appear in the trial without any plausible explanation, the learned Court below shall forthwith cancel his bail bonds.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T