Patna High CourtCR. MISC./50772/2024bail granted

Manish Kumar v. The State Of Bihar

2024-08-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50772 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== Manish Kumar Son of Sukram Yadav Resident of Vill- Biskurwa, P.S.- Belchhi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayashankar Mishra For the IOCL :

Mr. Raj Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned counsel for the IOCL as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Athmalgola P.S. Case No. 45 of 2024 dated 08.02.2024 registered for the offences punishable u/ss 285, 379, 511, 120B of the Indian Penal Code and section 15(2), 15(4) of Petroleum and Minerals Pipelines (Acquisition of Right of user in Land) Act 1962.

3. As per the prosecution case, on secret information, police apprehended four accused persons who gathered to commit crime near the IOCL pipe line and police recovered mobile, Khanti and Kudal from them.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.50772 of 2024(2) dt.06-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Sudesh Kumar. No incriminating material has been recovered from the conscious possession of the petitioner. As per impugned order, the petitioner has eight criminal antecedents of similar nature as stated in para 3 of the bail petition. As per impugned order, the petitioner is in custody since 15.02.2024.

5. Learned counsel for the IOCL as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh in connection with Athmalgola P.S. Case No. 45 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.50772 of 2024(2) dt.06-08-2024 3/3 cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T