Manish Kumar @ Chattan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2351 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- MAHUA District- Vaishali ====================================================== MANISH KUMAR @ CHATTAN Son of Rakesh Rai, Resident of VillageMirja Nagar, P.S.-Mahua, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Ram Chandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner alongwith other accused persons is said to have looted the motorcycle at the gun point when the informant was returning after attending a wedding ceremony.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the

Patna High Court CR. MISC. No.2351 of 2021(2) dt.12-03-2021 2/3 FIR and the same has been made accused on the confessional statement of co-accused namely Sonu Kumar. There is no T.I. Parade till date. There is no recovery of any incriminating materials from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 09.06.2020. The petitioner has got one criminal antecedent which is mentioned in para 3 of the bail petition. Similarly situated coaccused has been granted by this Hon'ble Court vide order dated 01.10.2020 passed in Cr. Misc. No.25297/2020. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Mahua P.S. Case No. 96/2020 to the satisfaction of learned Court below where the case is pending; subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.2351 of 2021(2) dt.12-03-2021 3/3

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T