Manish Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59133 of 2021 Arising Out of PS. Case No.-173 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== Manish Kumar Sahni Son of Lalit Sahni Resident of Village- Laxmipur, P.S.- Jhanjharpur, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in Virtual Court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Rajnagar P.S. Case No. 173 of 2021 registered for the offences punishable under Sections 414 of the Indian Penal Code.

According to prosecution case, on search two mobile sets of Vivo Company was recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has

Patna High Court CR. MISC. No.59133 of 2021(2) dt.07-02-2022 2/3 falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that two stolen mobile has been recovered from the possession of the petitioner one with SIM and one without SIM. The petitioner is in custody since 14.06.2021.

The learned Additional Public Prosecutor vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Rajnagar P.S. Case No. 173 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation

Patna High Court CR. MISC. No.59133 of 2021(2) dt.07-02-2022 3/3 of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T