Manjeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.495 of 2021 Arising Out of PS. Case No.-138 Year-2020 Thana- TARAPUR District- Munger ====================================================== 1.

Manjeet Chaudhary Son of Arvind Chaudhary Resident of Mohalla- Adarsh Nagar, Police Station- Sultanganj, Distt- Bhagalpur. 2.

Rajnish Kumar Paswan @ Rajnish Kumar Son of Binay Kumar Nirala Resident of Mohalla- Adarsh Nagar, P.S.- Sultanganj, Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so.

The petitioners seek bail in Tarapur P. S. Case No. 138 of 2020 instituted for the offence under Section 379 of the Indian Penal Code.

An E-rickshaw of the informant has gone missing while parked near the Shiva market leading to lodging of the instant case.

The petitioners' counsel submits that from the seizure memo, it is obvious that recovery is from the State highways between Tarapur and Sultanganj. The recovery is not from the petitioners possession and only on the basis of suspicion, they

Patna High Court CR. MISC. No.495 of 2021(2) dt.08-03-2021 2/2 have been implicated in this case. There is no recovery from the petitioners' possession. Having no criminal antecedents, they are in custody since 24.09.2020.

The learned APP for the State has opposed the prayer for bail.

Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Tarapur P. S. Case No. 138 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T