Patna High CourtCR. MISC./59706/2024bail granted

Manish Kumar v. The State Of Bihar

2024-12-20Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59706 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Manish Kumar Son of Sri Ram Rai Resident of village- Makkhachak, Adarsh Nagar, Ward no. 19, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar 2.

Bittu Kumar S/O- Manoj Sah ,R/O village- Lakhminiya Kurmi tola, ward no.-27 P.S.-Ballia , Dist-Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Mr. Jharkhandi Upadhyay Mr. Majid Mahboob Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner, learned APP for the State and the learned counsel for the O.P. No. 02.

2. Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 8024 of 2024 dated 22.02.2024.

3. The petitioner seeks bail in connection with Bakhri P.S. Case No. 201 of 2023 registered for the offence under Section 392 of the Indian Penal Code and under Section 25(1B)a, 26 and 27 of the Arms Act.

4. As per the prosecution case, three unknown criminals are said to have looted Rs. 1,35,000/- from the informant.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this

Patna High Court CR. MISC. No.59706 of 2024(4) dt.20-12-2024 2/3 case. Petitioner is in jail since 02.08.2023 having clean antecedents.

6. He further submits that petitioner without accepting his guilt has handed over a demand draft of Rs. 50,000/- to the learned counsel for the informant; Sri Majid Mahboob Khan.

7. The learned counsel for the informant does not oppose the prayer of the petitioner for bail. Learned APP for the State has submitted a report.

8. In view of the above, this application is allowed.

9. Accordingly, let the petitioner, above named, be released 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 Addl. Sessions Judge-III, Begusarai/concerned Court below in connection with Bakhri P.S. Case No. 201 of 2023 subject to condition that:- (i). Before accepting the bailbond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bond of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bailbond shall not be accepted by the court below.

(ii). The petitioner will mark his attendance at the Bakhri Police Station on

Patna High Court CR. MISC. No.59706 of 2024(4) dt.20-12-2024 3/3 every Sunday of each month. Any default in appearance at the police station will result in cancellation of the bail-bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T