Manish Kumar @ Hanuman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36378 of 2018 Arising Out of PS.Case No. -412 Year- 2018 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Manish Kumar @ Hanuman S/o Rameshwar Prasad Singh, resident of Village- Athwalia, Police Station- Kochas, District- Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Adv. For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner, who is in custody since 13.03.2018, seeks bail in connection with Sasaram Town P.S. Case No. 412 of 2018 registered for the offences punishable under sections 395 and 397 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the case has been registered against eight unknown persons. In course of investigation, this petitioner was apprehended by Police. He confessed his complicity in the above crime and disclosed the name of other co-accused. Further submission is that one stolen motor cycle and cash amount were recovered from the possession of co-accused Shivendra Dubey who happens to be chief cashier of the premises where the
Patna High Court Cr.Misc. No.36378 of 2018 (3) dt.19-07-2018 2/3 dacoity was committed. The said Shivendra Dubey is in custody. Another co-accused Manoj Kumar Srivastava, who was apprehended and from his possession cash amount of Rs.45,000/- was recovered, has already been allowed bail by this Court in Cr. Misc. No. 30649 of 2018. Co-accused Amit Kumar Dubey @ Golden @ Golden Dubey has also been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 31922 of 2018. The petitioner was neither put on TIP nor any recovery was made from his possession. The case of the petitioner stands on similar footing to the case of co-accuseds who are on bail and so he also deserves to be enlarged on bail.
Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram Town P.S. Case No. 412 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as
Patna High Court Cr.Misc. No.36378 of 2018 (3) dt.19-07-2018 3/3 and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T