Manav Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47902 of 2022 Arising Out of PS. Case No.-53 Year-2022 Thana- HAYAGHAT District- Darbhanga ====================================================== MANAV KUMAR JHA Son of Fekan Jha Residence of Vill. - Pauram, P.S.- Hayaghat, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hayaghat P.S. Case No. 53 of 2022, for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case, in brief, is that on 27.04.2022 informant parked his motorcycle bearing registration No. BR33V-0214 outside his shop, but the same has been stolen by some unknown miscreants.

Learned counsel appearing on behalf of the petitioner submits that the alleged motorcycle was recovered from one Vikram Kumar Jha and said Vikram Kumar Jha in his confessional statement has named the petitioner. No material has come against the petitioner in course of investigation. The petitioner is in custody since 30.04.2022.

Patna High Court CR. MISC. No.47902 of 2022(2) dt.30-11-2022 2/3 Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the alleged stolen motorcycle has been recovered from one Vikram Kumar Jha. The petitioner has been made accused in this case on the basis of confessional statement of said Vikram Kumar Jha. Till date no substantial progress has taken place in conduct of the trial and there is no allegation against the petitioner of influencing the witnesses or tampering the evidence.

The petitioner, above named, who is in custody since 30.04.2022, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-VIII, Darbhanga in connection with Hayaghat P.S. Case No. 53 of 2022, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.47902 of 2022(2) dt.30-11-2022 3/3

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

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T