Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2510 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- SHANKARPUR District- Madhepura ====================================================== MANOJ SAH S/o Late Satya Narayan Sah, R/o Village- Basantpur, P.S.- Shankarpur, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2021 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 414 of the Indian Penal Code. On secret information, police conducted a raid and recovered Hero Honda Splendor Motorcycle adjacent the house of the petitioner. It is alleged that the petitioner did not show any document regarding the said bike. Accordingly, a seizure list was prepared.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.2510 of 2021(2) dt.16-03-2021 2/2 case. He further submits that there is neither recovery from the conscious possession nor from the house of the petitioner, rather the same was recovered from the road side near the open space of the house of the petitioner. The petitioner has no concern with the alleged motorcycle and it was not found in his house. The petitioner is languishing in judicial custody since 01.09.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The co-accused has been granted bail by this Hon'ble Court vide order dated 01.03.2021 passed in Cr. Misc. No.938/2021.

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 Shankarpur P.S. Case No. 107/2020 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T