Manoj Bind @ Banara Bind @ Banara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56944 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Manoj Bind @ Banara Bind @ Banara Son of Late Shiv Bachan Bind Resident of Village- Saharabad, P.S.-Chenari, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in Virtual Court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Sasaram (M) P.S. Case No. 131 of 2021 registered for the offences punishable under Sections 395 of the Indian Penal Code.

According to prosecution case, while the informant alongwith others were on the way to Sasaram on Scorpio and the wheal of the car got puncture at Samardiha Mor. In the meantime, certain accused persons armed with country made katta etc. sorrounded them and snatched their money, mobile,

Patna High Court CR. MISC. No.56944 of 2021(2) dt.28-01-2022 2/3 ornaments etc.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of self confessional statement and nothing has been recovered from conscious possession of the petitioner, rather two mobile phones has been recovered from the possession of the petitioner and till date no TIP has been conducted. Petitioner is in custody since 01.06.2021.

The learned Additional Public Prosecutor opposed the prayer for bail of the petitioner submitting that petitioner carries three criminal antecedents.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 131 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.56944 of 2021(2) dt.28-01-2022 3/3 shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T