Patna High CourtCR. MISC./48620/2023allowed

Manish Kumar Singh @ Manish Singh @ Raja v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48620 of 2023 Arising Out of PS. Case No.-38 Year-2021 Thana- MUSRIGHRARI District- Samastipur ====================================================== Manish Kumar Singh @ Manish Singh @ Raja S/O Ram Kumar Singh R/O Village- Nirpur, Ps. Samastipur (Muffasil), Dist. Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per allegation in the FIR, while the informant was returning by a motorcycle, three miscreants on a motorcycle overtook him and looted his bag containing an amount of Rs. 1,11,900/-.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from conscious possession of the petitioner. Similarly

Patna High Court CR. MISC. No.48620 of 2023(2) dt.04-08-2023 2/2 situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 20.5.2022 passed in Cr. Misc. No. 55463 of 2021. Petitioner is languishing in judicial custody since 4.1.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ IX, Samastipur in connection with Musrigharari P.S. Cae NO. 38 of 2021.

(Sunil Kumar Panwar, J) sushma/- U