Manish Sahni @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8025 of 2021 Arising Out of PS. Case No.-274 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== MANISH SAHNI @ MANISH KUMAR SON OF SURESH SAHNI R/o village- Balaha, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Vaishali (Belsar OP) P.S. Case No. 274 of 2019, registered for the offence punishable under Sections 392 of the Indian Penal Code.

As per the prosecution case, on 26.07.2019 at about 11 'O' clock while the informant was teaching student in the school. In the meantime, two unknown miscreants came there and demanded Rs. 200 cash and on refusal they forcibly took out cash of Rs. 2500 from his pocket and two mobiles It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case in his

Patna High Court CR. MISC. No.8025 of 2021(4) dt.05-07-2021 2/2 confession before the police in connecction with Saraiya PS Case No. 857 of 2019. No looted article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 25.07.2020. Considering the fact that no looted article has been recovered from possession of the petitioner and he has not been put on Test Identification Parade, the petitioner above-named, is directed to be enlarged 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, Vaishali at Hajipur in connection with Vaishali (Belsar OP) P.S. Case No.

274 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T