Manejar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7034 of 2021 Arising Out of PS. Case No.-125 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Manejar Rai Son of Manohar Rai Resident of Village - Terasiya, P.S.- Gangabridge, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

Learned counsel for the petitioner is further directed to make necessary correction in paragraph 1 of the main petition after restoration of normalcy.

The petitioner is apprehending his arrest in Jandaha P.S. Case No. 125 of 2018 registered under Section 392 of the

Patna High Court CR. MISC. No.7034 of 2021(3) dt.17-01-2022 2/3 Indian Penal Code.

The prosecution allegation, in short, is that the unknown miscreants looted pick up van of the informant and also his belongings.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. As per the prosecution case, 3-4 unknown persons looted the articles from the pick up van. The name of the petitioner has transpired on the basis of confessional statement of co-accused recorded under section 161 Cr.P.C. in a different case i.e. Ganga Bridge P.S. Case No. 89/2018. Except for the above referred material, there is no other substantive evidence to suggest his implication in the present case. There is no recovery of any incriminating articles from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19

Patna High Court CR. MISC. No.7034 of 2021(3) dt.17-01-2022 3/3 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned A.C.J.M. -XI, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 125 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T