Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.888 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- GORAUL District- Vaishali ====================================================== MANISH KUMAR Son of Vindeshwar Ray Resident of Village - Hidayatpur Katahara, P.S.- Goraul (Katahara O.P.), District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-03-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Goraul (Kathara O.P) PS Case No. 281 of 2020 registered under Sections 413 and 414 of the IPC. On the allegation of recovery of a stolen motorcycle from the petitioner, he is in custody since 6.8.2020. Learned Counsel for the petitioner submits that it is a case of false implication. Petitioner was a bonafide purchaser of the vehicle in question and was having no knowledge regarding the same being a stolen vehicle. The petitioner has become victim of the circumstances.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on

Patna High Court CR. MISC. No.888 of 2021(2) dt.19-03-2021 2/2 furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM I, Vaishali at Hajipur. in Goraul (Kathara O.P.) PS Case No. 281 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T