Md. Meraj @ Manna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2646 of 2021 Arising Out of PS. Case No.-157 Year-2019 Thana- SHRIKRISHNAPURI District- Patna ====================================================== MD. MERAJ @ MANNA, S/O ABDUL KAYUM, R/O MOHALLA OLD IMARAT SARIYA, P.S.- PHULWARI SHARIF, DIST.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr. Dasrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Sri Krishnapuri Police Station Case No. 157 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that on 14.05.2019, at about 10 pm, when the informant was sitting in the scorpio vehicle of his owner, two miscreants came inside the said vehicle and on the point of pistol, they dragged the informant out of the said vehicle and looted away the vehicle in question.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2646 of 2021(6) dt.09-07-2021 2/3 petitioner has falsely been implicated in this case and he has been remanded in this case on 03.06.2019 from some other criminal case on the basis of the confessional statement of coaccused Md. Meraj @ Rinku and the looted Scorpio vehicle has been recovered on the basis of the confessional statement of coaccused Md. Meraj @ Rinku and not that on the basis of the confessional statement of the petitioner. He next submits that the petitioner is in custody for more than two years in this case and charge sheet has been submitted. There is no chance of the petitioner being abscond or tamper with the evidence. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the scorpio vehicle has been recovered on the basis of the confessional statement of co-accused Md. Meraj @ Rinku, the petitioner is in custody since 03.06.2019 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Patna, in

Patna High Court CR. MISC. No.2646 of 2021(6) dt.09-07-2021 3/3 connection with Sri Krishnapuri Police Station Case No. 157 of 2019.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √