Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47120 of 2023 Arising Out of PS. Case No.-199 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== Manish Kumar Son of Bachha Singh Resident of Village- Barahi Hariram, PsMejorganj, Distt- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Mishra For the Opposite Party/s :
Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-08-2023 Heard the learned counsel for the petitioner and the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Suppi P.S. Case No. 199 of 2021, registered for the offences punishable under Sections 394 and 412 of the Indian Penal Code.
3. As per the FIR, the allegation is that some unknown persons forcibly took the pickup van of the informant and robbed the goods loaded in the alleged vehicle.
4. The learned counsel for the petitioner submits that the petitioner is innocent and the petitioner has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. The name of the petitioner transpires in the confessional statement of co-accused, who has been
Patna High Court CR. MISC. No.47120 of 2023(2) dt.23-08-2023 2/3 arrested.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier for anticipatory bail in this case.
6. It has further been stated in para 3 of the petition that the petitioner is also made accused in five other cases apart from the present one.
7. However, the learned APP for the State has opposed the prayer for bail.
8. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court, in connection with Suppi P.S. Case No. 199 of 2021, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has concealed his criminal antecedent, the learned court below shall cancel the bail bond of the
Patna High Court CR. MISC. No.47120 of 2023(2) dt.23-08-2023 3/3 petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
9. The learned counsel for the petitioner is directed to remove the defect, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) Amrendra/- U T