Manish Pathak @ Manish Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49113 of 2019 Arising Out of PS. Case No.-1042 Year-2018 Thana- MOTIPUR District- Muzaffarpur ====================================================== MANISH PATHAK @ MANISH KUMAR PATHAK, aged about 25 years, Sex-Male, Son of Paras Pathak Resident of Village - Vishunpur Horil, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-11-2019 Heard learned counsel for the parties.

Petitioner, apprehends his arrest in connection with Motipur P.S. Case No. 1042 of 2018 registered for the offences punishable under Sections 399, 402, 307, 414, 353 of the Indian Penal Code and Section 25(1-a)b/26/27/35 of Arms Act. Informant is the police officer, who in his selfstatement has stated that on 29.12.2018 at about 11:30 A.M. he along with other police personnel were on day patrolling and during vehicle checking one motorcycle having no number plate was seen being ridden by two persons and on asking them to stop the motorcycle they started fleeing away and it is further alleged that they fired upon the police party and one of the accused Vikash Kumar Chaudhary was arrested and other

Patna High Court CR. MISC. No.49113 of 2019(3) dt.16-11-2019 2/3 accused Bhibhuti Paswan managed to escape thereafter at the instance of Vikash Kumar, Ratnesh Pandey was also apprehended with one loaded pistol and thereafter Anil Kumar Singh was also arrested with a loaded pistol. All the apprehended accused disclosed that they had assembled to snatch the money from customers of Bank and in which Manish Pathak (petitioner), Raja @ Reja, Raja Kumar and Bhibhuti Paswan and other are also associated, however they managed to escape.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner was not found on the spot nor anything has been recovered from him. The name of petitioner has come in the confessional statement made by accused Vikash Kumar Chaudhary in which he has confessed involvement of the petitioner in other crimes also but petitioner has no criminal antecedent. Chargesheet has already been submitted against the apprehended accused and investigation is pending against the petitioner.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of

Patna High Court CR. MISC. No.49113 of 2019(3) dt.16-11-2019 3/3 receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (W), Muzaffarpur, in connection with Motipur P.S. Case No. 1042 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure subject to verification that petitioner has no criminal antecedent. (S. Kumar, J) Rajiv/- U T