Manish Raj @ Mandwa @ Marwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34577 of 2017 Arising Out of PS.Case No. -563 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manish Raj @ Mandwa @ Marwa Son of Anil Kumar Tiwari, R/o Village- Hanuman Gadhi, Motihari, P.S.- Town Motihari, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Rathore For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The petitioner seeks regular bail in connection with Town Motihari P.S.Case no.563 of 2016 registered for offences punishable under Sections 379 and 34 of the Indian Penal Code. The petitioner is not named in the F.I.R. and later on his name transpired on the basis of confession of the co-accused. Submission of the learned counsel for the petitioner is that there is no recovery from the possession of the petitioner and he is in custody for more than four months. Furthermore, another co-accused, having similar allegation, has already been granted by this Court, vide order date 31.07.2017 passed in Cr. Misc. No.35430 of 2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.34577 of 2017 (2) dt.02-08-2017 2/2 Having heard both sides and in view of the fact that the another co-accused person, having similar allegation, has already been granted bail by this Court, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari at Motihari, East Champaran in connection with Motihari P.S.Case No.563 of 2016.

With 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 co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T