Patna High CourtCR. MISC./50953/2024bail granted

Manoj Malakar v. The State Of Bihar

2024-07-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50953 of 2024 Arising Out of PS. Case No.-77 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== Manoj Malakar, Son of Late Basant Malakar, Resident of Village- Ugawan, P.S.- Asthawan, District.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandrasen Prasad Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Barbigha (Mission O.P.) P.S. Case no. 77 of 2022 registered under section 414 of the Indian Penal Code.

3. As per the prosecution case, on information having been received by the informant, it is stated that the police personnel reached the house of the petitioner from where the petitioner and one another accused managed to escape. Stolen articles including motorcycle, three mobile phones etc. were recovered from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 12.3.2024 passed in Cr. Misc. no. 13412 of

Patna High Court CR. MISC. No.50953 of 2024(2) dt.19-07-2024 2/2 2024 giving liberty to the petitioner to renew his prayer for bail after 4 months. The petitioner has been falsely implicated in the case and is in custody since 14.12.2023.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., liberty granted to the petitioner by the aforesaid order of rejection dated 12.3.2024 and the petitioner having remained in custody for 7 months since 14.12.2023, the petitioner is directed to be enlarged on bail in connection with Barbigha (Mission O.P.) P.S. Case no.77 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura.

(Partha Sarthy, J) avinash/- U T