Manu Kumar @ Manu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63533 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- AKHODHIGOLA District- Rohtas ====================================================== MANU KUMAR @ MANU SAH Son of Shiv Lal Sah Resident of VillagePawani, P.S.- Nasriganj, Dist- Rohtas, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avanish Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 09.04.2021, seeks regular bail in connection with Akhorigola P.S. Case No. 11 of 2021 registered for offences punishable under Section 380 of the Indian Penal Code.
Prosecution story in brief is that seventeen thousand rupees cash and one Mangalsutra were stolen from the house of the informant, one Vivo mobile phone, one Gionee mobile phone and two thousand rupees were stolen from the house of one Ram Awdhesh Singh, A Samsung mobile phone, twenty five thousand rupees cash, gold Mangalsutra, silver payal and other articles were stolen from the house of one Sanjay Kumar. F.I.R. is against unknown.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR. Specific
Patna High Court CR. MISC. No.63533 of 2021(4) dt.16-05-2022 2/3 statement has been made on behalf of the petitioner that he is a student of B.A. part I pursuing his studies in Ram Kishore Singh College in Rohtas which is a prestigious institution. The very career of the petitioner is at stake and taking into consideration his age and career, the petitioner may be considered to be released on bail. Petitioner is in custody since 09.04.2021. Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.
Considering the facts and circumstances of the case, petitioner, who is aged about 19 years is a student of B.A. part -I and is in custody since 09.04.2021, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Dehri-OnSone in connection with Akhorigola P.S. Case No. 11 of 2021 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned. (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) 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.
Patna High Court CR. MISC. No.63533 of 2021(4) dt.16-05-2022 3/3 (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically.
(vi) The petitioner will make his attendance before the concerned police station under which his house is located once in a month till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the police station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction. (Purnendu Singh, J) Niraj/- U T