Manohar Sah @ Manohar Kumar @ Monu Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58534 of 2024 Arising Out of PS. Case No.-356 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Manohar Sah @ Manohar Kumar @ Monu Kumar Sah son of Shatrughan Prasad Sah Resident of village- Khaira PS- Tajpur District-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shanker Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2024 Heard Mr. Abhay Shanker Singh, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 18.03.2024 in connection with Jandaha P.S. Case No. 356 of 2022, F.I.R. dated 28.11.2022 for the offences punishable under Section 379 of the Indian Penal Code.
3. According to prosecution case, the Scorpio S-10 car of the informant got stolen along with two mobile phones which were kept inside the car.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired
Patna High Court CR. MISC. No.58534 of 2024(2) dt.23-08-2024 2/3 during investigation on the basis of the confessional statement of the petitioner in Buddha Colony P.S. Case No. 108 of 2024. He further submits that the petitioner has been remanded in the present case on 18.03.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries 15 criminal antecedents other than the present one but fairly submits on the basis of supplementary affidavit filed on behalf of the petitioner that the petitioner is on bail in 14 cases.
6. 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 Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 356 of 2022, subject to the following conditions:- i. 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.
Patna High Court CR. MISC. No.58534 of 2024(2) dt.23-08-2024 3/3 ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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) Vanisha/- U T