Manchun Kumar @ Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9742 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Manchun Kumar @ Munchun Kumar Son Of Dhakkan Sahni R/O VillageKaror Khanjahapur, P.S.- Cheriya Bariyarpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per the prosecution case, 3 unknown miscreants stopped informant's motorcycle on the point of pistol and took away cash Rs.7000/-, mobile phone and the motorcycle of the informant and his friend.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Petitioner's name has figured

Patna High Court CR. MISC. No.9742 of 2021(4) dt.06-07-2021 2/3 during course of investigation. Test Identification Parade has not been carried out till date. It is further submitted that in fact motorcycle has been recovered near the temple where the petitioner was sitting in a tea stall. Petitioner has claimed clean antecedent and he is in custody since 1.8.2020. Investigation is complete.

Considering the aforesaid facts and circumstances of the case and the period of custody of the petitioner, let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate, Manjhaul Begusarai in Cheriya bariyarpur Police Station Case No. 144 of 2020 on 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/her absence on two consecutive dates without sufficient reason, his/her 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

Patna High Court CR. MISC. No.9742 of 2021(4) dt.06-07-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T